Acas early conciliation: getting prepared

Acas early conciliation gives the parties an opportunity to resolve a workplace dispute before an employment tribunal claim. Notification is normally required before a claim, subject to exceptions; participation in settlement discussions is voluntary. ^[1]

Prepare the notification details

Identify the correct legal employer or other proposed respondent, not merely a trading name or local branch. Record the events, possible claims and relevant dates. If several respondents may be involved, ask how each should be handled.

Have a short account of the dispute and the outcome you would consider. Separate money already owed from compensation, and identify non-financial terms such as a reference or an agreed departure date.

Track conciliation and limitation together

Retain notification confirmation and the certificate when issued. Early conciliation affects time calculations, but do not guess the resulting deadline. Use the time-limit guidance with the actual notification and certificate dates.

Before agreeing terms, check exactly which claims and obligations the proposed COT3 would settle. Do not assume an agreement is harmless until a document is physically signed. Settlement agreement advice concerns a different settlement mechanism and helps explain why the formal route matters.

Identify who would be involved in the claim Check the employer's legal name against the contract, payslips and relevant correspondence. A shop name or brand may differ from the entity employing you. If the concern involves an individual or more than one organisation, obtain advice on the proposed respondents and notification requirements. Record addresses and contact details from reliable sources. Do not assume that notifying a parent company automatically covers every subsidiary or individual. Getting these details right helps the conciliator contact the appropriate party and supports any later procedural step.

Prepare the relevant dates before notification, including the event giving rise to the potential claim and any employment end date. List different events separately if the dispute includes both dismissal and unpaid wages, or several alleged discriminatory acts. Acas notification normally precedes a tribunal claim, subject to exceptions, while taking part in the offered discussions is voluntary. ^[1] Ask about the correct route if a particularly urgent remedy may be relevant. An internal grievance still being investigated should not be assumed to remove the need to consider notification within time.

Make the dispute understandable in a short account Explain what happened, why you dispute it and the outcome you seek. Use a short chronology with references to the most relevant documents. The conciliator does not need an unfiltered evidence bundle to understand an opening position. Keep detailed material available for your own advice and any later claim. Distinguish facts accepted by both sides from matters in dispute, and state whether employment continues. That context affects whether a practical solution might involve payment, changed arrangements, an agreed departure or another term.

Understand the conciliator's role before relying on a conversation as advice. Acas can help parties explore agreement, but does not act as your representative, assess the merits for you or prepare your tribunal case. Obtain independent advice where you need an evaluation of claims, value or settlement wording. If a representative will speak for you, agree their authority and how decisions will be confirmed. Being willing to negotiate does not mean you have authorised someone to accept any offer without checking the complete terms with you.

Prepare a settlement position beyond one figure Separate unpaid contractual sums from proposed compensation and identify how each amount was calculated. Record amounts already received and any disputed deductions. Consider non-financial matters such as a reference, payment date, return of property, announcement or an agreed employment end date. Prioritise what matters to you and what you could accept, without treating an opening proposal as a guaranteed entitlement. A settlement can be difficult to implement if the parties agree a total but leave the payment mechanism or continuing obligations unclear.

Review the scope of any proposed release of claims and who it protects. Ask about tax wording, confidentiality, restrictions and what happens if payment is late. A COT3 reached through Acas is a distinct settlement mechanism from a statutory settlement agreement. Do not assume the rules for signing one apply identically to the other. Before communicating acceptance, obtain advice on the full agreed wording where needed and make clear which terms remain under discussion. Agreement may have consequences before a physical signature is added, so casual acceptance language should be avoided.

Keep the conciliation timetable accurate Retain the notification acknowledgement, correspondence and certificate when issued. Record the actual dates rather than estimating the duration from the first telephone call. Early conciliation can affect the tribunal limitation calculation, but the result depends on the claim and dates. Ask for an exact assessment and keep the deadline visible even if negotiations remain positive. A conciliator's involvement does not mean that a tribunal claim has been submitted on your behalf or that an unresolved discussion can continue indefinitely without procedural action.

If no agreement is reached, organise the next decision promptly using the certificate and the advice received. Preserve your evidence and any relevant loss calculation. If terms are agreed, obtain the final record and monitor each obligation, including payment and reference arrangements. Notify your representative of any failure to comply rather than assuming a delay automatically cancels the settlement. The conciliation file should show the notification, authority to negotiate, final outcome and dates needed for the next step, whether that is implementation or consideration of a tribunal claim.