Tribunal time limits and Acas early conciliation

Tribunal time limits are affected by Acas EC. The Early Conciliation Notification Form must be submitted within the normal time limit for bringing an employment tribunal claim (usually three months). Submitting the form to Acas within the normal time period “stops the clock” on that time period. The clock will restart, i.e. time will start running again, as soon as Acas supplies the Early Conciliation Certificate. If there is less than one month left in which to issue the claim when Acas provides the Early Conciliation Certificate, the claimant gets a minimum of one month in which to issue their claim in the tribunal.

The rules also allow the employer to apply for Acas EC where a potential claimant has not already submitted an Early Conciliation Notification Form. The most important point to notice here is that if the employer initiates Acas EC, there is no stopping of the clock and no extension of the time limit. A claimant does not have to submit a Form if they can prove that their employer has already started Acas EC. However, it is always better to be on the safe side and for the worker to submit a Form in the three-month time period.

Acas EC applies to claims against insolvent employers. Claimants whose employer is insolvent should speak to their rep or with Acas, especially to ensure they name the correct respondent(s) on the form.

Relevant law: the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014.