Acas Early Conciliation

Acas Early Conciliation

The early conciliation procedure must be followed by claimants who present claims in the majority of employment tribunal proceedings, via the Advisory, Conciliation and Arbitration Service (‘Acas’). Acas an independent, impartial organisation mandated to liaise with both parties to an employment dispute with regard to possible settlement.

Acas Early Conciliation certificate

If the parties do not succeed in reaching a settlement, Acas will issue an Early Conciliation certificate.The effect of contacting Acas for early conciliation on the time limit for submitting the ET1 is that the clocks are ‘stopped’ for the period of conciliation. The date on which a claim must be presented to the tribunal should be calculated as follows:

• Identify the date of the relevant ‘trigger event’ which forms the subject of the potential tribunal claim (e.g. the Effective date of termination (EDT)).

• Calculate the date on which the usual time limit to present the claim would expire (e.g. plus three months less one day, as set out above).

• Identify Day A (the day on which the required information is provided to Acas) and Day B (the day on which the early conciliation certificate is received).

• Count the number of days starting with the day after Day A and ending with Day B (inclusive) which fall within the limitation period.

• Add the number of days to the date on which the usual time limit would expire; this gives the 'revised time limit expiry date'.

• Check whether the revised time limit expiry date falls in the period starting with Day A and ending one calendar month after Day B:

  • If it does not, the date by which the claim must be presented remains the revised time limit expiry date; or

  • If it does, the date by which the claim must be presented is instead the date that falls one calendar month after Day B.