Acas early conciliation



A second important change to the tribunal system has been the introduction of Advisory, Conciliation and Arbitration Service (Acas) Early Conciliation (EC).


From 6 May 2014, the first step in any tribunal claim has been to contact Acas to consider conciliation (that is, a negotiated settlement) of the claim.


Claimants must complete an EC form available from the Acas website and send it to Acas who will contact the claimant and their employer to find out whether the claim can be settled without issuing a tribunal claim.


The process is free of charge. The EC form must be sent to Acas within three months otherwise the claim will be out of time and the tribunal is very unlikely to consider it.


Assuming the employer does not to agree to the claim following EC, Acas will issue an EC Certificate to show that conciliation has not been possible in the case. Without the reference number on this certificate, the claim will not be allowed. Acas has an online and telephone helpline (0300 123 1100).


Reps should note that the EC process does not apply to claims for interim relief (see page 73). Although initial contact with Acas is compulsory, either side is free to refuse to participate in conciliation without penalty.


There is detailed information about Acas early conciliation in the Labour Research Department’s annual employment law guide, Law at Work (www.lrdpublications.org.uk/lawatwork).

Acas has also produced guidance, including Early conciliation explained, available from its website (www.acas.org.uk/media/pdf/o/g/Conciliation-Explained-Acas.pdf).