Comparison Β· 2026/27
Employment Tribunal vs ACAS Early Conciliation
Almost every UK workplace dispute that could go to an Employment Tribunal must pass through ACAS Early Conciliation first. This guide explains what each stage involves, how the strict 3-month time limit interacts with the conciliation period, and when a binding Tribunal judgment is worth pursuing rather than a negotiated settlement.
At a Glance
| Feature | ACAS Early Conciliation | Employment Tribunal |
|---|---|---|
| Compulsory? | Yes, before most claims | Only after Early Conciliation certificate |
| Cost to claimant | Free | Free (fees abolished 2017) |
| Typical duration | Up to 6 weeks | Months to over a year |
| Outcome if successful | COT3 settlement | Binding judgment/award |
| Requires both sides to agree? | Yes | No β Tribunal decides |
| Compensation cap | Negotiated, no cap | Capped for unfair dismissal; uncapped for discrimination |
How ACAS Early Conciliation Works
A prospective claimant notifies ACAS (usually online or by phone) before lodging most types of Employment Tribunal claim. An ACAS conciliator then contacts both parties to explore whether the dispute can be resolved without a Tribunal hearing β this might mean an apology, a reference, reinstatement, or more commonly a financial settlement recorded in a COT3 agreement.
The conciliation period lasts up to 6 weeks, and it pauses ("stops the clock" on) the underlying Tribunal time limit while it runs. If either party declines to conciliate, or if the 6 weeks ends without agreement, ACAS issues an Early Conciliation certificate, which the claimant needs to formally lodge a Tribunal claim (ET1 form).
How an Employment Tribunal Claim Works
Once the Early Conciliation certificate is issued, the claimant submits an ET1 form to HM Courts and Tribunals Service, setting out the claim and the remedy sought. The employer then has 28 days to respond with an ET3. Cases proceed through case management, disclosure of documents, witness statements and β if not settled or struck out along the way β a final hearing before an Employment Judge, sometimes sitting with lay members.
Since fees were abolished in 2017, bringing a claim itself costs nothing, but preparing a case (legal advice, time off work, potential costs orders in rare cases of unreasonable conduct) is not free in practice. Straightforward claims can be heard within several months; complex discrimination or whistleblowing cases with multiple witnesses commonly take a year or more from ET1 to final hearing given current Tribunal backlogs.
Which Route Makes Sense?
Most disputes never reach a final Tribunal hearing β the majority settle, often through ACAS conciliation or a separately negotiated settlement agreement, because both sides typically want to avoid the cost, stress and uncertainty of litigation. Conciliation is usually worth engaging with in good faith even if you expect to end up at Tribunal, because it costs nothing and can produce a faster, more certain outcome than waiting for a hearing date.
A Tribunal claim becomes the more attractive route when the employer refuses to engage constructively, when the claimant wants a binding public finding (for example to clear their name or set a legal precedent), or when the value of an uncapped discrimination claim significantly exceeds what the employer is willing to offer in conciliation.