What is ACAS Conciliation?
ACAS conciliation is a free, impartial service provided by the Advisory, Conciliation and Arbitration Service (ACAS), a government-backed organisation in the UK that specialises in resolving workplace disputes. If you believe you’ve been unfairly dismissed, ACAS conciliation offers a way for you and your employer to try to settle the dispute without the need for a formal employment tribunal.
Conciliation involves an ACAS conciliator acting as a neutral third party to help both sides reach an agreement. They do not take sides or make decisions, but instead facilitate open communication and negotiation. This process is confidential and designed to encourage a fair resolution that both the employee and employer can accept.
In most cases, starting ACAS conciliation is a required step before you can bring an unfair dismissal claim to an employment tribunal. The law, under the Employment Tribunals Act 1996 and related regulations, states that you must notify ACAS and receive an Early Conciliation certificate before you are allowed to proceed with a tribunal claim. This stage is often known as “early conciliation.” For more detailed information on how this works, see ACAS Early Conciliation.
There are several key benefits to using ACAS conciliation:
- Saves time and money: Resolving a dispute through conciliation is usually much quicker and less expensive than going to tribunal, which can involve legal fees and lengthy hearings.
- Reduces stress: The process is less formal and adversarial than a tribunal, helping to minimise stress for everyone involved.
- Confidential and flexible: Discussions are private, and any agreement reached can be tailored to suit both parties’ needs.
- No obligation to settle: You are not required to accept any offer or reach a settlement through conciliation. If it doesn’t work out, you’re still free to proceed to a tribunal.
ACAS conciliation is designed to give both sides a fair chance to resolve their dispute amicably. For official guidance on how to start the process and what to expect, visit the ACAS Conciliation Guidance provided by GOV.UK. This resource explains the steps you need to take before making a tribunal claim, including how to notify ACAS and what happens if conciliation is unsuccessful.
Understanding ACAS conciliation is the first step towards resolving an unfair dismissal dispute, potentially saving you significant time, cost, and worry compared to taking your case to tribunal.
When Should You Start ACAS Conciliation?
When Should You Start ACAS Conciliation?
Timing is crucial when considering ACAS conciliation for an unfair dismissal claim. UK law generally requires you to start your claim within three months less one day from the date your employment ended. Missing this strict deadline could mean you lose your right to bring a claim, so it’s important to act promptly. This time limit is set out in the Employment Rights Act 1996, which governs unfair dismissal and other employment rights.
You can begin ACAS conciliation at different stages of your claim. Many people start the process after submitting the ET1 Claim Form to the employment tribunal. This form is the official way to start a tribunal claim if you believe you have been unfairly dismissed. However, you do not have to wait until you file your ET1 – ACAS conciliation can often be started before making a formal claim. In fact, in most cases, you are expected to notify ACAS before submitting your ET1, unless your case falls under one of the limited exceptions.
Once you have submitted your claim, ACAS will contact both you and your employer to offer their free conciliation service. This means a trained ACAS conciliator will get in touch to see if an agreement can be reached without needing to go to a tribunal hearing. Starting conciliation early can be highly beneficial, as it may help you resolve the dispute more quickly and avoid the stress, cost, and uncertainty of a tribunal.
If you are unsure about the timing or whether ACAS conciliation is right for your situation, you can find more information about the process in our guide to How to File an Unfair Dismissal Claim. You may also want to read about When Should You Use ACAS Early Conciliation? for additional guidance on how early intervention could help in your case.
In summary, aim to start ACAS conciliation as soon as possible after your dismissal – ideally before submitting your ET1 claim form – to give yourself the best chance of resolving the matter without going to tribunal. Always keep the legal time limits in mind, and seek advice if you are unsure about your next steps.
How to Start the ACAS Conciliation Process
When you believe you’ve been unfairly dismissed, starting the ACAS conciliation process is usually the first formal step before taking your case to an employment tribunal. ACAS (the Advisory, Conciliation and Arbitration Service) acts as an impartial third party to help both employees and employers resolve disputes without the need for a tribunal hearing.
How ACAS Gets Involved
After you submit an early conciliation notification to ACAS, they will automatically contact both you (the employee) and your employer. This initial contact is to explain the process and invite both parties to take part in conciliation. You do not need to submit a full claim to the employment tribunal at this stage – just the notification to ACAS is enough to start the process.
If you wish to explore conciliation before submitting any official notification, either party can contact ACAS directly to request support. This can sometimes help resolve disputes early, without the need for formal action.
Responding to ACAS’s Invitation
When ACAS reaches out, you will be asked if you want to participate in conciliation. Participation is entirely voluntary – neither you nor your employer are required to take part, and you can withdraw at any time. However, engaging with the process is often a practical way to resolve issues quickly and avoid the stress and cost of a tribunal.
If you agree to conciliate, an ACAS conciliator will be assigned to your case. The conciliator is neutral and does not take sides – they simply help both parties explore possible solutions.
Arranging the Conciliation
ACAS will arrange a meeting or telephone call at a time that works for both sides. In most cases, conciliation takes place over the phone, but meetings can also be arranged if needed. The conciliator will speak separately and confidentially with each party to understand their positions and to see if there is common ground for a settlement.
The process is confidential, which means that nothing said during conciliation can be used later if the dispute goes to an employment tribunal. This encourages open and honest discussion and can often lead to a mutually acceptable agreement.
What Happens Next?
If both sides reach an agreement, ACAS will help draft a legally binding settlement known as a COT3 agreement. If no agreement is reached, ACAS will issue a certificate confirming that early conciliation has taken place (or was declined), allowing you to proceed with an employment tribunal claim if you wish.
For more details on what to expect during conciliation and how it works in practice, see our guide on How Does the ACAS Early Conciliation Process Work?. You can also find comprehensive information about the ACAS Conciliation Process on the official GOV.UK website.
Remember, while ACAS conciliation is not mandatory, it is a required step before most unfair dismissal claims can be brought to a tribunal. Taking part can often save time, money, and stress for everyone involved.
What to Expect During ACAS Conciliation
When you enter ACAS conciliation for an unfair dismissal claim, it’s important to understand how the process works and what your role will be. Here’s what you can expect:
The Role of the ACAS Conciliator
An ACAS conciliator acts as a neutral third party. They don’t take sides or make decisions about who is right or wrong. Instead, their role is to help both you and your former employer communicate more effectively and explore options for resolving your dispute. Conciliators are trained to facilitate discussions, clarify misunderstandings, and suggest possible ways forward, but they cannot force either party to accept a solution.
How Conciliation Takes Place
The process is usually informal and can happen over the phone, by email, or occasionally in person. You won’t be required to meet your employer face-to-face unless both sides agree. The conciliator will typically speak to each party separately, relaying information and proposals between you and your employer. This helps ensure that both sides can express their views openly and consider possible solutions in a safe, confidential environment.
Working Towards a Solution
One of the main aims of ACAS conciliation is to help both sides reach a mutually agreeable outcome. This could involve negotiating compensation, agreeing on a reference, or resolving other issues linked to your dismissal. The process is entirely voluntary – neither you nor your employer can be forced to accept any proposals. The conciliator will encourage you to consider realistic outcomes and what you would be willing to accept as a fair resolution.
No Imposed Decisions
It’s important to note that ACAS conciliators do not have the power to make decisions or impose settlements. If you and your employer can agree on a solution, it will usually be set out in a legally binding settlement agreement (known as a COT3). However, if you cannot reach an agreement, you still have the right to take your case to an employment tribunal.
Possible Outcomes
Conciliation can end in one of two ways:
- Settlement: If you reach an agreement, the conciliator will help draw up the terms to ensure they are clear and legally binding.
- No Settlement: If you can’t agree, the conciliator will issue a certificate confirming that conciliation has ended. This certificate is necessary if you wish to proceed to an employment tribunal.
Preparing for Conciliation
To make the most of the process, it’s a good idea to prepare in advance. Gather all relevant documents, such as your employment contract, dismissal letter, and any correspondence with your employer. Think carefully about what you want to achieve – whether it’s compensation, an apology, or something else. Being clear about your desired outcome will help you focus during discussions and make informed decisions.
If you’d like to learn more about the process and your legal rights, see our guide on How Does the ACAS Early Conciliation Process Work?.
By understanding what to expect and preparing thoroughly, you can approach ACAS conciliation with confidence and give yourself the best chance of resolving your unfair dismissal dispute without the need for a tribunal.
Benefits of Using ACAS Conciliation
Choosing ACAS conciliation to resolve an unfair dismissal claim offers several significant benefits, making it an attractive option for both employees and employers. One of the main advantages is the opportunity to avoid the time, stress, and financial cost associated with taking a case to an employment tribunal. Tribunal proceedings can be lengthy and complex, often requiring legal representation and resulting in additional expenses. In contrast, ACAS conciliation is a free service, designed to help both parties reach an agreement quickly and efficiently.
Another key benefit is confidentiality. Unlike tribunal hearings, which are generally public, the discussions and any settlement reached through ACAS conciliation remain private. This means that sensitive information about your employment or the circumstances of your dismissal does not become part of the public record. Confidential settlements can be particularly important for those who wish to move on without reputational damage or ongoing conflict.
Settlements reached through ACAS conciliation are typically faster than waiting for a tribunal hearing. Many cases are resolved within a few weeks, allowing both sides to achieve closure and move forward. This speed can be crucial, especially if you are seeking compensation or a reference to help you find new employment.
ACAS conciliation also helps preserve, or at least not further damage, the working relationship between employee and employer. The process is designed to be collaborative, with a neutral ACAS conciliator facilitating open and constructive dialogue. Even if you do not wish to return to your job, a more amicable resolution can make future references or industry relationships easier.
Importantly, entering into ACAS conciliation does not affect your legal rights. If you are unable to reach an agreement, you still have the right to proceed to an employment tribunal. The law requires most unfair dismissal claims to go through the ACAS Early Conciliation process before a tribunal claim can be made, ensuring that everyone has the chance to resolve issues without litigation. For more on the legal framework and practical advantages, see the Benefits of Using ACAS Early Conciliation.
In summary, ACAS conciliation offers a quicker, less stressful, and more private way to resolve unfair dismissal disputes. It provides a real opportunity for agreement without losing your right to pursue a claim further if needed.
After ACAS Conciliation: Next Steps
After ACAS Conciliation: Next Steps
Once the ACAS conciliation process for an unfair dismissal claim has finished, your next steps will depend on whether an agreement was reached and your personal circumstances. Here’s what you need to know about what happens next, your rights, and the support available to you.
If an Agreement Is Reached
If you and your employer come to an agreement during ACAS conciliation, the terms will be set out in a legally binding document known as a COT3 settlement agreement. This agreement typically outlines any compensation to be paid, references to be provided, or other actions both parties have agreed to. Once signed, you cannot take the same claim to an employment tribunal later.
If you have already submitted a tribunal claim, reaching an agreement means you will need to formally withdraw your claim. ACAS can help you with the paperwork to ensure everything is properly closed.
If Conciliation Does Not Resolve the Dispute
If you and your employer cannot agree during conciliation, ACAS will issue an Early Conciliation Certificate. This certificate is essential if you wish to take your unfair dismissal case to an employment tribunal. You must include the certificate number when submitting your claim.
It’s important to note that there are strict time limits for starting tribunal proceedings. In most cases, you must submit your claim within three months less one day from the date your employment ended. The time spent in ACAS conciliation is not counted towards this limit, but you should act promptly once conciliation ends. For more details on when and how to use ACAS Early Conciliation, see our guide on When Should You Use ACAS Early Conciliation?.
Taking Your Case to an Employment Tribunal
If you decide to proceed, you will need to complete an ET1 claim form and submit it to the employment tribunal. You can do this online or by post. Make sure you include all relevant details and evidence to support your claim. Employment tribunals are independent bodies that will review your case and make a legally binding decision.
Consider seeking legal advice or support before proceeding, as tribunal cases can be complex. Some people qualify for free legal assistance or representation through trade unions or advice centres.
Support After Dismissal
Losing your job can have a significant financial impact. After conciliation, whether or not you reach a settlement, you may be eligible for certain benefits to help while you look for new work. These could include Universal Credit, Jobseeker’s Allowance, or other support. For practical advice and guidance on making a claim, visit our page on Claiming Benefits After Being Sacked.
Looking After Your Mental Health
Workplace disputes and dismissal can take a toll on your mental wellbeing. It’s important to recognise the impact and seek support if you need it. Your rights around mental health and work are protected by law, including the Equality Act 2010, which requires employers to make reasonable adjustments for mental health conditions. For more information, see our resource on Mental Health and Work: Your Rights.
If you are struggling, you’re not alone. Charities like Mental Health Support Resources (Mind) offer confidential advice, information, and community support for anyone affected by workplace stress or mental health issues. Reaching out can make a real difference.
Taking the right steps after ACAS conciliation ensures you protect your rights and wellbeing – whether you have resolved your dispute or need to pursue your claim further.
