Acas early conciliation explained 

What it is and what Acas will not do

Acas says early conciliation is a legal process in which a conciliator tries to help you and your employer reach a legal agreement. It is only for people who are considering a claim to an employment tribunal. During early conciliation Acas cannot represent you, take your or your employer's side, help you prepare your case, tell you whether you have a valid case, or give legal advice.

Before you notify Acas

Acas says early conciliation should not be your first step. It is usually easier and quicker to try to solve things informally, raise a formal grievance, or appeal against a disciplinary or grievance outcome. A tribunal judge will usually expect you to show that you tried to resolve the dispute, and if you did not it could affect how much compensation you get. Raising the problem with your employer first does not change the time limits.

How it works

• You notify Acas that you are considering a claim; Acas then offers early conciliation
• Both sides can choose whether to take part: it is voluntary
• Acas says early conciliation can last up to 12 weeks
• If you reach an agreement, Acas writes it up as a conciliation agreement (a COT3), which is legally binding, and you cannot then take that case to a tribunal
• If you do not settle, or you choose not to take part, Acas sends a certificate with a number on it; where there is more than one respondent you get a certificate for each
• You can still use Acas conciliation after a tribunal claim has begun, until a judgment is made

What it does to the time limit

The time limit for claiming is put on hold while Acas helps you resolve the dispute, but only if you notify Acas within the tribunal time limit. Once you receive your certificate you will have at least one month left to claim, though only a tribunal can decide whether a claim is in time. Under section 207B of the Employment Rights Act 1996 the days between the day after you notified Acas and the day you received the certificate are not counted, and a limit that would expire during that period or within a month after it runs to one month after you received the certificate.

When you do not need to notify Acas

GOV.UK lists the exceptions. You do not have to notify Acas if:

• You are making the claim with another person who has already been through early conciliation
• The respondent has already notified Acas, and you can evidence that
• You are only claiming unfair dismissal and applying for interim relief as part of that claim (you still need early conciliation for any other claims you make at the same time)
• Acas does not have the power to conciliate on some or all of your claim