Glossary · UK
What is ACAS Early Conciliation?
A free, compulsory service run by ACAS that gives employers and employees a chance to settle a workplace dispute before an employment tribunal claim can be lodged.
Full Definition
ACAS Early Conciliation is a mandatory step that almost always has to be completed before a worker can lodge most types of employment tribunal claim in England, Wales or Scotland. The prospective claimant (or their representative) notifies ACAS, the Advisory, Conciliation and Arbitration Service, which then contacts both parties and offers to help them reach a voluntary settlement, without either side needing legal representation, within a conciliation period that is typically up to six weeks (it can be extended slightly by mutual agreement). If a settlement is reached, it is usually recorded on a legally binding ACAS COT3 form, which -- unlike a settlement agreement drafted by solicitors -- does not require the employee to have received independent legal advice to be valid. If no settlement is reached, or either party declines to take part, ACAS issues an Early Conciliation Certificate, and the claimant then has a limited window (extended to reflect time spent in conciliation) to submit their tribunal claim. Early conciliation applies to most tribunal claims, including unfair dismissal, discrimination, unlawful deduction from wages and redundancy pay disputes, though a small number of claim types are exempted from the requirement.