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1. Introduction: What is early conciliation in Acas England and Wales

Acas Early Conciliation (EC) is the legal gateway to almost all employment claims in England and Wales. If you’ve been dismissed, discriminated against, or denied pay, you cannot start a Tribunal claim without first going through EC. This process is designed to give both sides a confidential, lower-stress opportunity to resolve disputes quickly—often in weeks, not years.

For employees, EC can mean a faster resolution and a chance to move on. For employers, it’s about managing risk and keeping disputes out of the public eye. But the process is strict: if you skip EC, your claim will be rejected, no matter how strong your case.

2. What Is Acas Early Conciliation?

Acas (the Advisory, Conciliation and Arbitration Service) acts as a neutral go-between. Once you notify Acas, a conciliator is assigned to your case. Their role is to see if you and your employer can reach a settlement before legal papers are filed.

• How it works:

  • You contact Acas online or by phone and provide basic details.

  • A conciliator is assigned and will reach out to both sides.

  • The conciliator relays offers, counter-offers, and defences—shuttling between you and your employer.

  • The process ends with either a settlement (usually a COT3), an EC certificate (if no deal), or withdrawal (if you decide not to proceed).

The December 2025 update means the standard EC period is now 12 weeks (up from 6), giving more time to negotiate but also extending the wait if your employer ignores Acas.

It’s important to remember: Acas is not your lawyer. The conciliator cannot give you legal advice or judge if an offer is “fair.” Their job is to facilitate, not to advocate.

3. The “Stop the Clock” Trap: Calculating Your Tribunal Deadline

One of the most common—and costly—mistakes is misunderstanding how EC affects your Tribunal deadline. Notifying Acas doesn’t “freeze” your time limit; it only “pauses” it for the duration of EC.

• How to calculate your deadline:

  • Day A: The date you notify Acas.

  • Day B: The date Acas issues your EC certificate.

  • The Tribunal “clock” stops between Day A and Day B, then resumes once you have your certificate.

For example, if you’re dismissed on 1 January and notify Acas on 20 February (50 days later), and your EC certificate is issued on 20 April (60 days after notification), you have 40 days left to file your claim after the certificate is issued.

Tribunals are strict—being even one day late usually means your claim is struck out, regardless of its merits. Many claimants, especially those self-representing, find this calculation stressful. Mark all key dates in your calendar and, if in doubt, file early.

4. What to Expect from the Conciliator

Many employees hope the Acas conciliator will act as their adviser or champion. In reality, the conciliator is strictly neutral.

• What the conciliator does:

  • Relays offers, counter-offers, and defences between you and your employer.

  • Explains the process and answers procedural questions.

  • Issues the EC certificate if no settlement is reached.
    
    

• What the conciliator does NOT do:

  • Give legal advice or tell you if an offer is “too low.”

  • Challenge the employer’s version of events.

  • Pressure either side to settle.

This neutrality can feel unsupportive, especially if you’re anxious or feel isolated. If you hear your employer’s defence relayed without comment, it’s not betrayal—it’s just the process. Prepare your own list of priorities and “bottom line” before negotiations start, as the conciliator won’t do this for you.

5. The “Ghosting” Employer: When They Refuse to Engage

Some employers simply ignore Acas, hoping you’ll give up or miss your deadline. There’s no legal obligation for them to participate.

If your employer doesn’t respond, the conciliator will try for the full 12 weeks. If there’s still no engagement, you’ll be issued an EC certificate stating “conciliation failed.” You can then proceed to file your Tribunal claim.

Waiting 12 weeks with no response can be demoralising. Many employees feel anxious or lose confidence in their claim during this period. Use this time to gather evidence, organise your documents, and prepare your ET1 claim. Don’t let the employer’s silence put you off—your right to claim remains.

6. Typical Outcomes of Early Conciliation

The EC process can end in several ways, each with its own implications for your next steps:

• COT3 Settlement:
  If you and your employer reach an agreement, it’s usually recorded in a COT3. This is a binding contract, often including payment, a reference, and confidentiality terms. Once signed, you cannot bring a Tribunal claim about the same dispute.

• EC Certificate Issued:
  If no settlement is reached, Acas issues an EC certificate. This is your “golden ticket”—you must include its reference number when filing your ET1 Tribunal claim. Without it, your claim will be rejected automatically.

• Withdrawal:
  You may decide not to proceed, either because the employer refuses to engage or you no longer wish to pursue the claim. Think carefully before withdrawing, as you may lose your right to claim.

Most employees hope for a quick settlement, but it’s important to weigh the terms carefully. Don’t rush to accept an offer just to “get it over with”—make sure you understand what you’re giving up.

7. Key Evidence and How to Use It

Evidence is the backbone of any employment dispute. During EC, the most important documents are:

• The EC Certificate:
  This proves you complied with the law and is required for your Tribunal claim.

• Email Trail:
  Keep all correspondence from Acas, especially emails showing the employer was notified and any offers made.

• Notes of Calls and Meetings:
  Record dates, what was discussed, and any offers or threats. These can be vital if the employer later disputes what happened.

Organise your documents in date order and keep digital copies. If your employer later claims they “didn’t know” about the dispute, your email trail will prove otherwise.

8. Frequently Asked Questions

What if I miss the deadline?
Tribunals are strict. If you file your claim late—even by one day—it will likely be struck out. Always calculate your deadline carefully and file early if possible.

Can I negotiate directly with my employer during EC?
Yes, you can. You’re not limited to talking only through Acas. Sometimes direct negotiation leads to a faster or better outcome.

What if my employer makes a “lowball” offer?
You’re not obliged to accept. Consider your priorities and the strength of your case. You can reject, counter, or proceed to Tribunal.

Do I need a solicitor for EC?
No, but legal advice can help you understand your rights and the value of any offer. Acas cannot advise you on whether a deal is fair.

What if I want to withdraw my claim?
You can withdraw at any time, but consider the consequences. Once withdrawn, you may lose your right to bring a claim about the same issue.

If you suspect your pay or dismissal is unfair, Equal Pay Claims—Challenge your employer explains your rights and connects with high-value wrongful dismissal for senior executives.

9. Checklist: Preparing for and Navigating Early Conciliation

• Gather all relevant documents: contract, dismissal letter, grievance correspondence, payslips.

• Mark key dates: dismissal, Acas notification, EC certificate issue, Tribunal deadline.

• Write down your priorities: What outcome do you want? What’s your minimum acceptable offer?

• Prepare a summary of your case for the conciliator.

• Keep a log of all communications with Acas and your employer.

• Decide in advance if you’re willing to settle, and on what terms.

Being organised will help you feel more confident and make the process less overwhelming.

10. Final Thoughts

Early Conciliation is stressful, especially if you’re self-representing or feeling unsupported. Many women find the process emotionally draining, particularly when employers ignore Acas or make dismissive offers. Remember, EC is designed to give you a chance to resolve things quickly and confidentially—but it’s not the end if you don’t settle.

Stay proactive, keep your documents in order, and don’t be afraid to ask questions. Whether you settle or proceed to Tribunal, you’re taking an important step to assert your rights and seek a fair outcome.

Disclaimer: This content is for general information only and does not constitute legal, financial, or tax advice. Outcomes may vary depending on your individual circumstances.