This blog specifically looks at the ACAS Early Conciliation process and gives guidance on how to navigate that process.
What Is ACAS Early Conciliation?
ACAS Early Conciliation is a compulsory process that all potential claimants to the Employment Tribunal must go through. Essentially, you would need to register your complaint with ACAS, and they would then act as conciliators to try and reach a settlement with your employer.
If your claim could be settled, all to the good. If your claim could not be settled, ACAS would issue an Early Conciliation Certificate. You would then have one month from the date of that Certificate to submit your claim to the Employment Tribunal quoting the certificate number on your Employment Tribunal Claim Form.
How Do I Start ACAS Early Conciliation?
You register online through the ACAS website at https://www.acas.org.uk/early-conciliation. This is a free of charge service and requires some basic key information about you and your employer.
I’ve Been Asked If I Want to Conciliate? Should I Say Yes or No?
During the online registration process you will be asked if you want to conciliate with the Company. It is at this stage that some employees are unsure about whether they should select yes or no.
Generally, our advice would be to agree to conciliation during the ACAS process. By agreeing to conciliation, you are only agreeing to your appointed Conciliator contacting both parties to try and negotiate a settlement or agreement.
By agreeing to conciliation, you are not agreeing to automatically accept any offer by your employer. Likewise, you are not agreeing to return to work for them.
Conciliation extends your deadline to submit your claim to the Employment Tribunal. Thereby giving you more time to prepare. If you decline to conciliate, then you will automatically receive the ACAS Early Conciliation Certificate. As outlined above, you then only have one month to submit your Employment Tribunal claim.
However, this conciliation process takes up to 12 weeks. Once it ends, you will be issued your ACAS Early Conciliation Certificate. This means you could get 12 extra weeks to get legal advice and prepare your Employment Tribunal claim before the deadline.
How Can Lincs Law Help You
If you would like further help and advice in respect of employment issues, please call us on 01522 440512 for a free, no obligation, initial phone enquiry. For more information on the assistance we can provide, please visit our website at https://lincslaw.co.uk/services/employees/
Jasmine Stewart
Specialist Employment Solicitor
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