Acas early conciliation, step by step

Acas early conciliation is a free, legal step you normally have to take before you can make an employment tribunal claim. You tell Acas you are thinking of claiming, and an impartial conciliator offers to talk to you and your employer to see if the dispute can be settled without a hearing. It can last up to 12 weeks. Taking part is voluntary for both sides, but notifying Acas is not: without an early conciliation certificate number, most tribunal claims cannot go ahead.

Notifying Acas also pauses the tribunal time limit, as long as you contact Acas before your deadline passes. If you settle, the deal goes into a legally binding agreement called a COT3. If you do not, Acas gives you a certificate, and you have at least a month from receiving it to claim. This page covers Great Britain; Northern Ireland has its own system.

When you need to notify Acas

You must notify Acas before making most tribunal claims, including unfair dismissal, discrimination and pay claims. GOV.UK says you do not need to if:

• you are claiming with another person who has already been through early conciliation;
• the employer has already notified Acas (you will need evidence of this);
• you are only claiming unfair dismissal and applying for interim relief (other claims made at the same time still need early conciliation);
• Acas does not have the power to conciliate on some or all of your claim.

If you are unsure, GOV.UK’s advice is to notify Acas anyway.

Try to sort it out first

Acas says early conciliation should not usually be your first step. It suggests raising the problem informally, then raising a formal grievance or appealing a disciplinary or grievance outcome. It also warns that a tribunal will usually expect you to have tried to resolve things yourself, and that not doing so could affect compensation. See grievances and disciplinaries.

But Acas is equally clear that raising the problem with your employer does not change the tribunal time limits. The clock keeps running during a grievance.

How it works

1. Notify Acas. Use the online form on the Acas website, or phone. The legal minimum is your name and address and your employer’s name and address. You can name more than one respondent.
2. Choose whether to conciliate. If you do not want to, Acas issues a certificate so you can go to the tribunal.
3. Acas checks the details and assigns a conciliator, who talks to you to understand the dispute and what outcome you want.
4. The employer is contacted, if you agree. If the employer is willing, the conciliator talks to each side to see if an agreement can be reached.
5. Outcome. Either you settle, and Acas writes a COT3, or Acas issues a certificate with a unique reference number for your ET1 claim form.

The rules say conciliation runs for up to 12 weeks from the date Acas receives your form or the date you phoned. Acas must issue a certificate if the conciliator concludes settlement is not possible at any point, or when the period runs out. If Acas cannot make contact with you or the employer, it must treat settlement as not possible.

What the conciliator can and cannot do

Conciliators are impartial. They can explain the process, discuss the issues with both sides, give an overview of the law and talk about how tribunals have treated similar cases. They cannot represent you, tell you whether to accept an offer, say how strong or weak your case is, or help you prepare for tribunal. Acas says it will not share what you discuss without your permission.

Time limits: how the pause works

The tribunal time limit for most claims about events on or after 1 October 2026 is six months; for earlier events it is three months. Citizens Advice describes these as six months less a day and three months less a day. See the employment tribunal guide.

The law that pauses the clock uses two dates:

• Day A: the day you contact Acas.
• Day B: the day you receive the certificate (an emailed certificate counts as received the day it is sent).

The days from the day after Day A up to Day B do not count towards your time limit. On top of that, if your deadline would fall between Day A and one month after Day B, it moves to one month after Day B.

Illustration only	Date
Effective date of termination	1 November
Normal six-month deadline	30 April
You contact Acas (Day A)	1 December
You receive the certificate (Day B)	10 January
Days not counted	2 December to 10 January
Result	The deadline moves later by those days

This is a simplified illustration with round dates, not a calculation for your case. Acas itself says working out the exact limit can be complicated, and only a tribunal can decide whether a claim is in time.

The pause only helps if you contact Acas before the original deadline. And if you are claiming against more than one respondent, GOV.UK says Acas sends a certificate for each, so check you have one for everyone you name on your claim form.

If you settle: the COT3

A COT3 records what you and the employer have agreed, often a payment, a reference or other terms, in return for you not bringing or continuing the claim. Acas warns that it is legally binding and that once you have both agreed the terms, you must keep to them, even before signing. If you settle, you cannot then take the claim to a tribunal.

A COT3 reached with an Acas conciliator’s help is a different legal route from a settlement agreement. The statutory conditions for settlement agreements, including advice from a relevant independent adviser, are set out separately in the law. You do not need a solicitor to sign a COT3, but many people choose to get advice on the terms, especially where the sums are large or other claims might be affected.

Acas does not keep a copy of your COT3 for longer than nine months, so keep yours safe.

If you are not paid

Acas can remind the employer of what it agreed, but cannot force payment. You can use the free government penalty enforcement scheme, which sends a warning notice giving the employer 28 days to pay, or go to court. In England and Wales there is a Fast Track scheme using a High Court enforcement officer. In Scotland, Acas gives you a letter confirming the settlement, which you send with the COT3 to a sheriff officer to enforce through the sheriff court.

Conciliation after a claim is made

You can keep talking through Acas after you have made a tribunal claim, right up to judgment. Acas calls this conciliation rather than early conciliation. If you reach agreement, the hearing does not go ahead, or ends if it has started.

What to check in your contract or letter

• Your employer’s correct legal name and address, from your contract, offer letter or payslips, for the Acas form.
• The date your employment ended, or the date of the act you are complaining about, to fix your time limit.
• Notice and PILON clauses, which can change the effective date of termination.
• The grievance and appeal procedure, and the dates you raised a grievance or appeal.
• Any offer letter or draft agreement from the employer, and which claims it says it settles.
• Confidentiality, reference and payment terms in any proposed COT3 or settlement.
• Tax treatment of payments, such as whether notice pay or holiday pay is included.

When it helps to speak to a solicitor

Early conciliation is designed to be used without a lawyer, but conciliators cannot advise you. A solicitor can check your time limit, value your claim and tell you whether an offer is in a sensible range before you agree terms that bind you. EmployedRight’s free document check can help you find the dates and clauses first.

Common questions

Do I have to go through Acas before going to a tribunal?

For most claims you must notify Acas first and get an early conciliation certificate, whose number goes on your claim form. You do not have to take part in conciliation itself, which is voluntary for both sides. GOV.UK lists exceptions, such as when you are claiming with someone who has already been through early conciliation, or only claiming unfair dismissal with interim relief.

How long does Acas early conciliation take?

The rules allow up to 12 weeks, starting from the date Acas receives your form or the date you phoned. It can end sooner, for example if the employer refuses to take part, if Acas cannot reach either side, or if the conciliator decides a settlement is not possible. Acas then issues a certificate.

Does early conciliation stop the tribunal time limit?

Yes, if you notify Acas within your time limit. The days from the day after you contact Acas to the day you receive the certificate do not count. If your deadline would otherwise fall within a month after you receive the certificate, you get until one month after that date. Working out the exact date can be complicated, so many people get it checked.

What is a COT3?

A COT3 is the written agreement Acas prepares when you and the employer settle through conciliation. It is legally binding. Acas warns that once you both agree the terms, you have to keep to them even before you have signed. A settled claim cannot then go to a tribunal. Keep your copy, because Acas does not keep one for longer than nine months.

Will Acas tell me if I have a good case?

No. Acas conciliators are impartial. They can explain the process, give an overview of the relevant law and discuss how tribunals have treated similar cases, but they cannot represent you, tell you whether to accept an offer, say how strong your case is or help you prepare it. For that, you would need legal advice.

What if my employer does not pay what was agreed in a COT3?

Contact Acas, which can remind the employer of what it agreed. You can also use the free government penalty enforcement scheme, where the employer gets a warning notice giving 28 days to pay, or go to court. In Scotland, Acas sends a letter confirming the settlement, which you give to a sheriff officer with your COT3 to enforce.

Sources

1. Acas: Early conciliation checked Fri Oct 02
2. Acas: How early conciliation works checked Fri Oct 02
3. Acas: Conciliation up to and during a tribunal claim checked Fri Oct 02
4. Acas: Getting paid as part of an Acas settlement checked Fri Oct 02
5. Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014, Schedule checked Fri Oct 02
6. Employment Rights Act 1996, section 207B (extension of time limits to facilitate conciliation) checked Fri Oct 02
7. Employment Rights Act 1996, section 203 (restrictions on contracting out) checked Fri Oct 02
8. GOV.UK: Make a claim to an employment tribunal checked Fri Oct 02
9. Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026, SI 2026/954 checked Fri Oct 02
10. Citizens Advice: Claiming constructive dismissal (time limits from 1 October 2026) checked Fri Oct 02

This guide is general information about employment law in Great Britain (England, Wales and Scotland). Northern Ireland has its own employment law. It isn't legal advice and doesn't take your circumstances into account.