What is ACAS early conciliation?

ACAS (Advisory, Conciliation and Arbitration Service) early conciliation is a mandatory pre-claim step for most employment tribunal claims in England and Wales. Before submitting a claim to the employment tribunal, a claimant must notify ACAS of the dispute using a simple online notification form. ACAS will then contact both parties to see if they are willing to participate in conciliation. The process is free, independent, and entirely confidential — anything said during conciliation cannot be used as evidence in tribunal proceedings. An ACAS conciliator acts as a neutral go-between, helping both sides understand each other's positions and explore whether a negotiated settlement is possible. The conciliator does not take sides, make judgments about the merits of the claim, or force either party to settle. The conciliation period is normally a maximum of one calendar month, though both parties can agree to extend it by a further two weeks. If a settlement is reached, it is recorded in a binding COT3 agreement that prevents the employee from bringing a tribunal claim on the matters settled. If no settlement is reached, ACAS issues an Early Conciliation Certificate, which the claimant uses to submit their ET1 form to the tribunal. The time spent in early conciliation extends the tribunal time limit, so claimants are not disadvantaged by participating in the process.