Bringing a claim to an employment tribunal can be costly and time-consuming. As a result, an employee may want to see if there is an alternative way to solve a work-related problem before resorting to it. One option is to talk to their manager at work or use their employer’s grievance procedure. If this does not work or isn’t appropriate, another option is to get help from an independent third party to solve disputes between them and their employer. The main ways to do this are through mediation or conciliation.
While conciliation is similar to mediation in some ways, it is usually used to find a resolution before making a claim to an employment tribunal. This is known as ‘early conciliation.’
In this guide, we explain what you need to know about early conciliation and list the main benefits of using early conciliation as a way of resolving a workplace dispute.
Summary
- Early Conciliation Explained
- How Does Conciliation Compare to Mediation?
- What are The Benefits of Conciliation?
- We Can Help
Early Conciliation Explained
Before initiating tribunal proceedings, an employee must complete a form to inform Acas, an independent government-funded body that assists with workplace disputes, that they intend to make a tribunal claim.
This is designed to encourage parties to resolve their disputes through negotiation rather than litigation, helping reduce the burden on the tribunal system and the costs and stress associated with litigation.
Acas will then offer both parties the chance to engage in early conciliation – a free service to help resolve a disagreement between the employer and employee without recourse to tribunal proceedings.
Is Early Conciliation Compulsory?
While it is a mandatory requirement that the employee informs Acas of their intention to lodge a tribunal claim, participating in the early conciliation process itself is voluntary. Acas will ask if the employee wants early conciliation; if they do not, they will be given a certificate allowing them to progress to an employment tribunal.
Even if the employee agrees to engage in the early conciliation process but the employer refuses, the employer cannot be compelled to participate, nor will it negatively impact the employer’s position if a claim is then lodged before an employment tribunal.
Similarly, if an employee turns down the opportunity to engage in early conciliation, the employer cannot force them to agree to this.
An employer can also initiate early conciliation by contacting Acas directly. However, they should encourage employees to exhaust internal procedures, such as a grievance procedure, before exploring other options.
If the employer contacts Acas to start early conciliation, this does not pause the time limit for bringing a tribunal claim. Only the employee’s own notification to Acas pauses the limitation clock.
A successful outcome during the conciliation process depends on mutual agreement, and as a result, either party is free to walk away at any stage.
What Does Early Conciliation Involve?
If both the employee and employer have agreed to early conciliation, an Acas conciliator will speak to them to explain the conciliation process and discuss the issues and possible options. A conciliator will also facilitate communication between the parties via telephone and help them explore the strengths and weaknesses of the case while at the same time remaining independent of the dispute. They will help look at opportunities for settling the case and pass on any offer the employer makes to the employee.
Subject to Parliament approving the draft regulations, the Acas early conciliation window will increase from six weeks to twelve weeks for early conciliation commenced on or after 1st December 2025. For early conciliation commenced on or before 30th November 2025, the process can last up to 6 weeks; however, for conciliation started after 1st December, it can take up to 12 weeks.
If the parties reach an agreement, this will be confirmed in a COT3 Settlement Form, which is legally binding. In such circumstances, the employee will not be able to take their case to the tribunal, and the case will be closed even if they have made a tribunal claim.
If an agreement is not reached, Acas will give them an early conciliation certificate with a reference number, and the employee can proceed to make a claim.
Early Conciliation and Deadlines
Early conciliation claims must be commenced within three months, less than one day from the date of the matter that is being complained about.
If an employee is claiming statutory redundancy pay or equal pay, the deadline is six months less than one day. If this deadline is missed, then the tribunal claim will also be late and in many cases, the right to make a claim will be lost.
If early conciliation is commenced before the deadline, an employee will have at least a month from the date of receipt of the certificate to make a claim in the employment tribunal. In some cases, they might have longer because starting early conciliation pauses and extends the deadline for making a claim.
Communication Up To and During The Tribunal Proceedings
The parties can still talk through Acas up to and during the tribunal proceedings until a judgment is made. However, this is known as ‘conciliation’ rather than ‘early conciliation.’
Conciliation will not impact the tribunal’s outcome. If early conciliation or conciliation does not resolve the dispute, the tribunal case will be heard, and a decision will be made by a judge.
How Does Conciliation Compare to Mediation?
In many ways, conciliation is similar to mediation. Both are informal procedures that involve an independent and impartial third party assisting to try and find a solution to a dispute between the employee and employer, and both are voluntary.
However, there are some differences. Conciliation is usually used to achieve a solution before the employee makes a claim to an employment tribunal. Unlike mediation, conciliation is also used when there is a specific legal dispute rather than more general problems, such as communication problems or relationship breakdowns.
A conciliator may offer their opinion on the merits of each argument and recommend a fair outcome. By contrast, in most cases, a mediator will refrain from making such a recommendation.
Finally, any settlement agreement reached in conciliation is legally binding so long as it is set out in writing. An agreement reached in workplace mediation is made with a moral voluntary commitment but is not usually legally binding.
What are The Benefits of Conciliation?
Conciliation has many benefits – especially early conciliation. It allows employment disputes to be resolved at an early stage, which gives both employees and employers more control over the outcome.
It also avoids the stress and time associated with bringing or defending a claim at an employment tribunal. Early conciliation is quicker than the tribunal process, which can take between 12 and 24 months. It is also less formal and adversarial, which means less emotional and psychological stress for both parties.
Early conciliation is a free service and, for an employee, easier than bringing a tribunal claim as it requires far less paperwork and preparation. From an employer’s perspective, early conciliation can be significantly cheaper than going to an employment tribunal because it eliminates the need for costly legal fees and the financial burden of tribunal proceedings. This is particularly so, given that costs can rarely be recovered in the tribunal, even if a defence succeeds. There will also be costs associated with the time it takes to present a defence, from the disclosure of documentation to producing detailed witness statements, as well as the time taken with witnesses attending any hearings to give oral evidence.
Conciliation is confidential, so if the dispute cannot be resolved and a claim is still issued by the employee, anything discussed will not be disclosed to the tribunal. Furthermore, the outcome will remain private, unlike a tribunal hearing, which involves a public hearing. As a result, there is no harm in engaging with this process to find a solution that does not involve going to the tribunal. If successful, it will result in a legally binding agreement, which means that the employee will no longer be able to bring a tribunal claim against the employer in relation to their dispute.
Finally, conciliation is flexible and informal, with a much wider range of potential outcomes available to parties than those obtainable before the employment tribunal, such as the provision of a job reference or an apology.
We Can Help
We support employers and employees through all stages of a workplace dispute, including early conciliation of a claim. For more advice or information relating to a workplace dispute, contact us today at 0300 303 2071 or email us.
