ACAS Early Conciliation: Step-by-Step Process 2026

Q: What is ACAS Early Conciliation?

ACAS Early Conciliation is a free, mandatory pre-claim process where an ACAS conciliator helps you and your employer try to settle a workplace dispute without going to an employment tribunal. You must obtain an Early Conciliation certificate before you can submit most tribunal claims.

Before you can lodge most employment tribunal claims in England, Wales, or Scotland, you must first notify ACAS and attempt Early Conciliation. This free, confidential process gives you and your employer a chance to settle without a hearing — and it stops the tribunal clock while you try. Here is exactly how the 2026 process works, what you need to do, and what happens if conciliation fails.

1. What is ACAS Early Conciliation and why is it mandatory?

ACAS (Advisory, Conciliation and Arbitration Service) is the UK’s independent public body that helps resolve workplace disputes. Since 2014, almost all employment tribunal claimants must go through Early Conciliation before they can issue a claim. This applies to claims for unfair dismissal, discrimination (Equality Act 2010), redundancy pay, breach of contract, and most other tribunal claims.

Under the Employment Tribunals (Early Conciliation: Exemptions and Rules) Order 2014 (as amended), you must contact ACAS online or by phone and provide basic details about your dispute. ACAS then assigns a conciliator who will speak to both sides (separately or together) to explore settlement. The process is free, impartial, and confidential — nothing said during conciliation can be used in tribunal unless both parties agree.

Key point: If you do not obtain an Early Conciliation certificate (with a unique reference number) before submitting your claim, the tribunal will reject your case. There are very limited exceptions — for example, claims for interim relief (e.g., whistleblowing or health and safety dismissals) or claims against the Security Service.

2. Step-by-step: the 2026 Early Conciliation process

The process is designed to be straightforward. Here are the steps you need to follow:

Submit your details to ACAS — Go to the ACAS website and fill in the Early Conciliation form (or call 0300 123 1100). You’ll need your name, your employer’s name and address, and a brief description of the dispute. You do not need to provide full legal arguments at this stage.
ACAS sends you a reference number — Within a few days, ACAS will issue a case number and assign a conciliator. The conciliator will contact you to explain the process and confirm whether you want to proceed.
Conciliator contacts the employer — The conciliator will reach out to your employer (or former employer) to see if they are willing to take part. Participation is voluntary — the employer can refuse, but if they do, ACAS will issue a certificate and you can proceed to tribunal.
Conciliation period (up to 28 days, extendable) — If both sides agree, the conciliator will facilitate discussions, usually by phone or video call. They will not take sides or give legal advice, but they can help you explore options. The standard period is one calendar month (28 days). If there is genuine progress, the conciliator can extend by up to 14 days with both parties’ consent.
Outcome: settlement or certificate — If you reach an agreement, the conciliator will help you record it (often as a COT3 agreement, which is legally binding). If no agreement is reached, ACAS issues an Early Conciliation certificate with a unique reference number. You must use this number when you submit your tribunal claim.

Time limit warning: The clock stops while Early Conciliation is ongoing. But once the certificate is issued, you have at least one calendar month to present your claim to the tribunal. For most claims, the usual limitation period (e.g., 3 months minus one day for unfair dismissal) is extended to give you that month. Check the exact dates with ACAS or a solicitor.

3. What happens if conciliation fails? Tribunal claim and costs risks

If conciliation does not produce a settlement, you will receive the Early Conciliation certificate. You can then issue your claim via the government’s Employment Tribunals Service (online or by post). The certificate number must be entered on the claim form (ET1).

If you fail to obtain a certificate before the limitation deadline, your claim will be out of time and likely rejected. There is a narrow discretion for tribunals to extend time if it was not reasonably practicable to comply, but this is rarely granted.

Costs and conduct: If the employer unreasonably refuses to engage in Early Conciliation, the tribunal may take this into account when deciding on costs or deposit orders. Similarly, if a claimant unreasonably rejects a reasonable settlement offer made during conciliation, they may face costs consequences later. The 2026 rules continue to encourage genuine engagement.

Scotland and Northern Ireland: The process is broadly the same in Scotland (ACAS operates UK-wide). Northern Ireland has its own Labour Relations Agency (LRA) with a similar pre-claim conciliation process — the rules differ slightly, so check with the LRA if your employer is based in NI.

Frequently Asked Questions

What is ACAS Early Conciliation?

It is a free, mandatory pre-claim process where an ACAS conciliator helps you and your employer try to settle a workplace dispute without going to an employment tribunal. You must obtain an Early Conciliation certificate before you can submit most tribunal claims.

How long does Early Conciliation take?

The standard period is up to one calendar month (28 days), extendable by up to 14 days if both parties agree and the conciliator believes a settlement is possible. The clock stops on the limitation period while conciliation is ongoing.

What happens if the other side refuses to take part?

If the employer or employee refuses to engage, ACAS will issue an Early Conciliation certificate with a unique reference number. You can then proceed to issue your tribunal claim, but the refusal may affect costs or conduct issues later.

Do I need Early Conciliation for every type of claim?

No. Claims for interim relief (e.g. unfair dismissal relating to health and safety or whistleblowing), certain non-employment matters, and claims against the Security Service or Intelligence Services are exempt. Most unfair dismissal, discrimination, and redundancy claims require it.

Can I still go to tribunal if conciliation fails?

Yes. If no settlement is reached, ACAS issues a certificate with a case number. You then have at least one calendar month from the date the certificate is issued to present your claim to the employment tribunal, even if the normal limitation period has expired.

References and further reading

Key legislation: Section 18A of the Employment Tribunals Act 1996 (as inserted by the Enterprise and Regulatory Reform Act 2013) mandates Early Conciliation. The 2026 process remains governed by these provisions and the 2014 Order.

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