Understanding the Early Conciliation Process in Employment Claims

Dealing with employment disputes often brings a cloud of uncertainty. The prospect of a tribunal can be daunting—but before you tread that path, there’s an important legal step to understand: Early Conciliation. It’s not just a procedural hurdle—it’s a vital opportunity to resolve workplace conflicts with clarity, control, and minimal disruption.

1. What Is Early Conciliation—and Why Does It Matter?

Early Conciliation, managed by ACAS (Advisory, Conciliation and Arbitration Service), is a free, independent, and confidential process designed to help resolve employment disputes before they escalate to tribunal hearings. It’s mandatory to contact ACAS before lodging most tribunal claims, but participation beyond that notification is entirely voluntary.

This step matters because it offers the chance for a swift, low-cost resolution—and it may even pause the ticking statutory deadline, giving both parties valuable breathing space.

2. Starting the Process: Notification and What Follows

Step-by-step breakdown:

If you’re considering a tribunal, you—or your representative—must notify ACAS. This formally initiates early conciliation.
ACAS will send confirmation (often by email), assigning a conciliator to your case.
That conciliator will reach out—via phone or email—to discuss the nature of the dispute.
If both employer and employee agree, conciliation begins, typically lasting up to six weeks. That time is commonly referred to as a “stop-the-clock” period, which preserves the claimant’s deadline to file a tribunal claim.

3. What the Conciliator Actually Does

ACAS conciliators are impartial facilitators—not legal advisors, decision-makers, or representatives for either side. Their role includes:

Explaining how early conciliation works
Talking separately with both parties to understand the dispute
Giving a straightforward overview of relevant legislation or tribunal trends
Exploring possible solutions and encouraging compromise

They do not:

Offer legal advice or predict case outcomes
Tell you what is fair or whether to settle
Decide case merits or help you present your case at tribunal

4. What Happens if You Reach or Don’t Reach an Agreement

If You Reach Agreement:

The agreement is formalised in a COT3 settlement—a legally binding contract drawn up by ACAS.
Once signed, neither party can bring a tribunal claim on the same matter.
It remains confidential, protecting both your privacy and your business reputation.

If You Don’t Reach Agreement:

ACAS issues an Early Conciliation Certificate.
This certificate allows you to proceed to tribunal—but don’t miss your deadline. You’ll normally have at least one month after the certificate to submit your ET1 (claim form).
You and the other party can still engage in conciliation (not early) up until the tribunal hearing if desired.

5. Timelines, Time Limits & the “Stop-the-Clock” Feature

One of the key benefits of early conciliation is that it can suspend the tight three-month limitation period—allowing the claim to proceed once discussions conclude. The process typically lasts up to six weeks, but can be extended by two weeks if both sides agree and settlement seems imminent.

6. Preparing for Conciliation: Tips That Make a Difference

To make the process as constructive as possible:

Clarify your objectives. What would you consider a fair outcome—reinstatement, financial redress, apology? Being clear helps the process move forward.
Remain flexible. Real-world solutions often require compromise, not ideal outcomes.
Prepare succinct documentation. Think notes like:
“Dismissed on 4 June after 3 years’ service, labelled redundancy with no explanation.”
“Unpaid wages for 31 January; attempted to resolve informally through line manager and payroll.”
Stay responsive. ACAS timelines can slip with delays—quick replies ensure you get the full benefit of conciliation.

7. Why Early Conciliation Aligns with Smart Business Practice

Just like here at Employment Law Services (ELS), a good retainer or legal adviser encourages proactive resolution, clarity, and strategic decisions. Early Conciliation embodies exactly this approach:

It’s accessible, facilitated by independent ACAS funding—costs nothing yet opens a path to resolution.
It’s confidential, avoiding the public scrutiny and costs of tribunal hearings.
It empowers parties to shape outcomes themselves—often faster and less disruptively.
It safeguards legal compliance, ensuring that if settlement fails, a tribunal can still proceed—supported by the required certificate.
It complements the kind of clear, structured, client-focused advice that firms like us champion—keeping process simple, outcomes sensible, and business confidence intact.

Quick Recap: At a Glance

Early Conciliation Element	What It Means for You
Mandatory notification	Required step before tribunal claim
ACAS facilitation	Independent, free, confidential process
Up to 6-week timeline	Pauses tribunal deadline; manageable window for resolution
Flexible outcome through COT3	Potential for binding, amicable agreement
Certificate for tribunal path	When no resolution is reached, allows legal claim to proceed
Not just about documents	Encourages clarity, readiness, and strategic-thinking
Aligns with proactive legal models	Delivers certainty, partnership, and peace of mind

Final Thoughts

Early Conciliation isn’t merely a procedural necessity—it’s a powerful opportunity to resolve employment issues efficiently, confidentially, and with minimal friction. It gives employers and employees a chance to find common ground without escalating to formal tribunal procedures.

Just like our services here at Employment Law Services, which prioritises clarity, responsiveness, and confidence in employment law solutions—you’ll find early conciliation mirrors those values.

It invites resolution over conflict, partnership over adversarial risk, and peace of mind over legal uncertainty.

At Employment Law Services (ELS) LTD, we have extensive knowledge and proven experience in drafting and advising on inclusive HR policies for diverse workforces. Whether you need practical advice, representation, or proactive support, our team is here to help.

Click here to book a free, no obligation consultation with one of our employment law specialists, or call us now on 0800 612 4772.