Before you can make a claim to the Employment Tribunal, you must first notify ACAS and go through a process called Early Conciliation. This is a legal requirement — you cannot skip it.
This page explains what Early Conciliation is, how it works, and what to do if it doesn’t resolve your situation.
What is Early Conciliation?
Early Conciliation (EC) is a free, voluntary process run by ACAS — the Advisory, Conciliation and Arbitration Service — that gives you and your employer an opportunity to try to resolve a dispute before it reaches the Tribunal.
An ACAS conciliator acts as a neutral go-between. They speak to both sides separately and try to help you reach a settlement. They do not take sides, they cannot give you legal advice, and they cannot tell you whether you have a good claim.
Participation is voluntary in the sense that neither side can be forced to engage meaningfully or to settle. But the notification step is mandatory: you must notify ACAS before you can submit an ET1 claim form to the Tribunal.
The time limit issue — read this first
Employment Tribunal claims for disability discrimination must be brought within three months, less one day, of the act you are complaining about. This time limit is strict.
The clock stops running while Early Conciliation is in progress and for one calendar month after it ends. This extension is called “time stopping.” If you are close to the time limit, you must notify ACAS promptly to protect your ability to make a claim.
Raising a grievance with your employer does not stop the clock. The only thing that stops the clock is notifying ACAS.
If you are unsure whether you are in time, treat it as urgent and contact ACAS now. Getting this wrong can cost you your claim entirely.
How to notify ACAS
You notify ACAS by completing an online form at acas.org.uk. You will need to provide:
- Your name and contact details
- Your employer’s name and contact details
- A brief description of your dispute
You do not need to set out your full case at this stage. The notification form is not the place for a detailed account of what has happened — keep it brief.
Once you have submitted the form, ACAS will contact you to discuss whether you want to attempt Early Conciliation.
What happens during Early Conciliation
An ACAS conciliator will contact you, usually by phone. They will ask you to describe your situation and what outcome you are looking for. They will then contact your employer and, if the employer is willing to engage, pass information between the two sides to try to reach a settlement.
The conciliator will not tell your employer anything you ask them not to share. You can also tell the conciliator at any point that you do not wish to continue with conciliation and want to proceed to the Tribunal.
Early Conciliation lasts up to six weeks, though it can end sooner if either side decides not to continue.
The EC certificate
When Early Conciliation ends — whether because a settlement was reached, because one side did not engage, or because the time ran out — ACAS issues an Early Conciliation certificate with a unique reference number.
You must include this reference number on your ET1 claim form. The Tribunal will not accept a claim without it.
Keep your EC certificate safe.
If Early Conciliation does not resolve things
If Early Conciliation ends without a settlement, you will receive your EC certificate and can proceed to submit a claim to the Employment Tribunal.
You have one calendar month from the date your EC certificate is issued to submit your ET1 form, or whichever is the later of that date and the end of the original three-month time limit. The exact date will depend on when you notified ACAS and when conciliation ended.
Do not assume you have plenty of time. Check your certificate, work out your deadline, and submit your claim in good time.
→ Next: Making a Tribunal claim: writing your pleadings
This page provides legal information, not legal advice. It reflects the law in England, Scotland, and Wales.