Acas Early Conciliation

If you’re thinking about bringing an Employment Tribunal claim against your employer, you must first go through the ACAS Early Conciliation process. This is a mandatory first step before submitting most employment claims, including those for unfair dismissal, discrimination, and unlawful deduction of wages.

At Warner Goodman, our Employment Law solicitors support employees through the Early Conciliation process, protecting your legal position and helping you achieve the best possible outcome — whether that’s a fair settlement or preparation for Tribunal representation.

What is ACAS Early Conciliation?

ACAS Early Conciliation is a free and confidential service provided by ACAS (the Advisory, Conciliation and Arbitration Service). It aims to help employees and employers resolve workplace disputes without having to go to the Employment Tribunal.

Before you can submit most Tribunal claims, you must contact ACAS and either:

Take part in the Early Conciliation process, or
Confirm that you do not wish to conciliate (so you can receive an ACAS Early Conciliation certificate).

This certificate is essential — without it, you cannot submit an Employment Tribunal claim.

How ACAS Early Conciliation Works

Submit a Notification Form – You start the process by submitting an ACAS Early Conciliation notification form (available on the ACAS website). You only need to provide your contact details and those of your employer at this stage.
ACAS Makes Contact – An ACAS conciliator will contact you (or us, if you instruct us) to discuss your dispute and confirm the details.
Employer Contact – If you agree, the conciliator will contact your employer to see if they are willing to negotiate a settlement.
Negotiation Period – ACAS has up to six weeks to assist you and your employer in reaching an agreement. If a settlement is reached, it will be recorded in a legally binding COT3 agreement.
If No Settlement Is Reached, ACAS will issue an Early Conciliation certificate, which you’ll need if you wish to proceed to the Employment Tribunal.

How We Can Help You

We can handle the entire Early Conciliation process on your behalf — providing expert legal advice and peace of mind.

Our service includes:

Completing and submitting the ACAS notification form

Talking you through the process and explaining your legal options

Advising you on the value and strength of your claim

Negotiating directly with your employer and the ACAS conciliator

Drafting and reviewing all settlement documentation (COT3)

Advising you on whether to settle or proceed to the Employment Tribunal

We bring clarity and expertise at a time when emotions often run high. Because we approach your case objectively, we can focus on achieving the best practical and financial outcome for you.

Benefits of Instructing a Solicitor for ACAS Early Conciliation

While you can complete ACAS Early Conciliation yourself, instructing an experienced Employment Law solicitor offers major advantages:

Avoid missed deadlines or invalid certificates

Ensure your claim’s legal merits and potential value are properly assessed

Protect your rights under unfair dismissal and discrimination law

Maximise your chances of securing a fair settlement or compensation

Avoid errors that could weaken your future Tribunal claim

We offer a fixed fee of £750 + VAT for representing you through ACAS Early Conciliation. This helps you budget and provides you with full access to our expertise, without any hidden costs.

Frequently Asked Questions

How long does ACAS Early Conciliation take?

Usually, it lasts up to six weeks, although it can end earlier if either party confirms that settlement is unlikely.

Does ACAS Early Conciliation affect Tribunal time limits?

Yes. Normally, you have three months, minus one day, from the date of dismissal or discrimination to bring a Tribunal claim. The clock “pauses” during Early Conciliation, giving you extra time — but these rules are complex, especially with multiple claims. It’s always advisable to seek legal advice.

How much compensation can I expect?

The amount depends on the strength and type of your claim, as well as your financial losses. We will prepare a detailed schedule of loss to help you understand what a fair settlement looks like.

What is a COT3 agreement?

A COT3 is the official ACAS settlement form. Once signed by both parties, it is legally binding, and you cannot later bring a Tribunal claim for the same issue.

Do I have to use ACAS Early Conciliation?

For most claims, yes — it’s a legal requirement before you can issue an Employment Tribunal claim. There are very few exceptions.

Do I need a solicitor?

You are not required to have one, but given the strict rules and deadlines, legal advice is strongly recommended — especially for cases involving discrimination or whistleblowing, where time limits can be complex.

What Happens if Early Conciliation Fails?

If your case does not settle, you can still proceed to the Employment Tribunal. Because we’ll already be familiar with your case, we can seamlessly move into Tribunal representation — saving you time and ensuring continuity. We will:

Review your Early Conciliation history
Prepare your Employment Tribunal claim form (ET1)
Represent you at hearings and handle all legal correspondence
Continue to negotiate a settlement where appropriate

Speak to Our Employment Law Experts

If you’re considering bringing a claim against your employer, or if you’ve been contacted by ACAS, speak to our Employment Law solicitors today. We’ll guide you through the process, protect your position, and work towards the best possible outcome.

Over 170 years of experience in Employment Law for employees

High success rate in settling disputes through ACAS

Clear, fixed-fee pricing for transparency and peace of mind

We are fully regulated and authorised by the Solicitors Regulation Authority.

We assist employees across Hampshire and beyond, with offices conveniently located in Fareham, Portsmouth, Southampton, Chandler’s Ford, and Waterlooville. You can choose to meet in person or arrange a remote appointment for convenience and flexibility.