Responding to an Acas notification

An Acas early conciliation contact should reach someone authorised to assess the dispute and discuss settlement. It is not itself a tribunal finding or a requirement to accept the worker's account. ^[1]

Verify and route the contact

Confirm the communication through an official channel where necessary, identify the legal employer and record who will respond. Check insurance notification requirements and inform the appointed employment adviser promptly.

Preserve the contract, relevant correspondence, payroll and decision records. Ask for enough information to understand the dispute without contacting the worker in a way that bypasses agreed representation or creates pressure.

Define settlement authority

Assess the factual and legal position, likely exposure and practical options. Separate contractual sums from proposed compensation and identify non-financial terms that may matter. Give the authorised negotiator clear limits and a route for approval of changes.

Before a COT3 is agreed, check every term and who is bound. An assumption that nothing is binding until a later signature can be unsafe. Settlement discussion planning addresses negotiation safeguards; tribunal response preparation becomes urgent if a claim is served. Conciliation does not remove the need to comply with a separate tribunal deadline.

Route the contact to the correct legal employer Check the communication and case reference through an official channel if authenticity is uncertain. Identify the entity named and whether it matches the employment records. A central office may receive contact about a subsidiary, former trading name or individual respondent. Forward it securely to the responsible person without assuming another department will deal with it. Record receipt and the person assigned to respond. Early conciliation is an opportunity for resolution, not a tribunal judgment, but an unmonitored inbox can still lose time needed to understand the dispute.

Check any insurance, union or retained-adviser arrangements relevant to the employer's response. Notify the appropriate provider in accordance with its terms where applicable, and establish who may instruct solicitors or negotiate. Do not promise a settlement contribution before checking authority and potential policy conditions. Keep the employee's ongoing management separate from the incoming conciliation contact. If employment continues, managers should not treat the notification itself as misconduct or a reason to alter duties, shifts or opportunities without a legitimate, independently supported basis.

Establish the dispute from records rather than first impressions Ask for enough information to identify the issue and relevant events. Collect the contract, pay data, decision letters and communications tied to the concern. Preserve relevant records that might otherwise be deleted, including messages and manager notes. Speak to those involved to clarify facts, but do not coach them to produce a common account. An initial view from the manager whose decision is challenged may be incomplete. The employer needs a supported assessment of strengths, weaknesses and gaps before choosing whether and on what terms to negotiate.

Separate amounts already due from disputed compensation and non-financial requests. A payroll error may be capable of correction while other allegations remain unresolved. Record the correction without presenting it as a complete settlement unless that has properly been agreed. Acas explains that its conciliator is impartial and helps parties explore agreement. ^[1] The conciliator does not act as the employer's legal adviser or determine which defence will succeed. Obtain appropriate advice where the dispute, valuation or settlement wording requires an individual legal assessment.

Give the negotiator explicit authority and escalation rules Set the financial range and identify who approves changes to dates, references, restrictions or other commitments. Consider who will be bound by the proposed agreement, including any named individual or group entity. A negotiator should know when to pause for instructions and how those instructions will be recorded. Avoid several managers communicating separate offers through different channels. Conflicting proposals can make it difficult to establish what is agreed and may create commitments that the business did not intend or cannot perform consistently.

Review the complete COT3 wording before acceptance. Check claims, payments, tax treatment, deadlines, confidentiality and continuing obligations. A COT3 uses a different mechanism from a statutory settlement agreement; do not assume it cannot bind the parties until a later paper signature. Make unresolved terms clear and obtain advice before communicating final acceptance where needed. If a reference is included, confirm the exact text and handling arrangements. The practical bargain should be understood as a whole, rather than a headline figure followed by supposedly standard conditions nobody has reviewed.

Keep conciliation and litigation responsibilities distinct Record the conciliation outcome and any certificate or relevant correspondence received. If a tribunal claim is served, diary its response deadline separately and route it immediately to the person handling the case. Ongoing Acas discussions do not remove the requirement to respond to a claim or comply with tribunal orders. Do not assume that an expectation of settlement justifies missing a filing date. Preserve submission confirmations and maintain a separate litigation timetable while the authorised negotiator continues any appropriate resolution discussions.

Where agreement is reached, assign payment and non-financial actions with completion dates. Provide payroll and HR with the necessary instructions while limiting disclosure of the wider settlement. Check that payment was actually made and reference arrangements are retained where future staff can find them. If no agreement is reached, keep the evidence and advice organised for the next decision without treating participation as a concession of liability. The employer's conciliation record should show verified contact, informed authority, the terms actually accepted and how the outcome was implemented or carried forward.