ACAS Early Conciliation and Time Limits

Since May 2014, anyone wanting to make an Employment Tribunal claim must first contact ACAS for early conciliation, which pauses the usual time limit for bringing a claim. In the Fergusson v Combat Stress case, as an example, the tribunal ruled that only the conciliation days falling after the dismissal count towards extending the time limit — but the claim was still allowed to proceed because the delay was due to reasonable reliance on earlier case law.

• The role of Acas conciliators
• Outcomes of early conciliation
• Example of Early Conciliation: Fergusson v Combat Stress
• Outcome and practical implications
• Conciliation during a tribunal claim

What is early conciliation?

Early conciliation through ACAS is the initial step in trying to resolve workplace disputes without the need to make an Employment Tribunal claim.

Since 5 May 2014, it has been obligatory for all claimants who make an Employment Tribunal claim to notify Acas. A period of conciliation between the potential claimant and the potential respondent will then follow.

The duration of early conciliation depends on when Acas is notified. If Acas is notified on or after 1 December 2025, early conciliation can last up to 12 weeks. If Acas was notified on or before 30 November 2025, it could last up to 6 weeks.

During the conciliation period and up to the date when Acas issues an Early Conciliation Certificate, the time limit in which to bring an Employment Tribunal claim is suspended or paused.

Generally, there are strict time limits for making a claim to an employment tribunal, typically 3 months minus 1 day from when the problem at work happened. It is crucial, as an employer or employee, to notify Acas within your employment tribunal time limit. Some types of claims are 'exempt' from early conciliation, meaning they do not have to go through this process.

The role of ACAS conciliators

Acas conciliators are impartial and independent, aiming to help resolve disputes without the need for an employment tribunal.

Conciliators can:

• Explain their role and the conciliation process.
• Discuss the issues with both sides.
• Give an overview of the relevant law.
• Explore how both parties could resolve the dispute without going to a tribunal.
• Discuss how employment tribunals have considered similar cases.

However, conciliators cannot:

• Represent either side.
• Tell you whether to agree on a settlement.
• Say how strong or weak your case is.
• Help you prepare your case for a tribunal.
• Make a judgement on how your case could turn out.

Outcomes of early conciliation

If an agreement is reached: Once you and the respondent reach an agreement, Acas will write it up in a conciliation agreement (COT3). This is a legally binding agreement. Once agreed, both parties must adhere to it, even if not yet signed. If a case is settled in early conciliation, it cannot be taken to a tribunal, and the case will be closed.

If no agreement is reached or the respondent declines: If an agreement is not reached, or if the respondent declines early conciliation, Acas will issue a certificate with a number on it. This number is required for form ET1, which is used if you decide to make a claim to an employment tribunal.

Time limits after early conciliation: If Acas was notified within your original time limit, you will have at least 1 month from the date you received the certificate to make your claim to the employment tribunal. In some cases, this period might be longer, and working out the exact time limit can be complicated, so legal advice may be beneficial. It is your responsibility to ensure your claim is made to the tribunal in time.

Example of Early Conciliation: Fergusson v Combat Stress

In the case of Fergusson v Combat Stress, the effect of Acas conciliation on the time limit — in circumstances where the conciliation predates the dismissal — was examined by the Employment Tribunal.

• On 14 July 2016, the Claimant notified Acas of a dispute with her then employer, Combat Stress, the Respondent.
• Following this, on 12 August 2016, the Claimant resigned from her employment. This was before she had received the Early Conciliation Certificate from Acas, which was due on 14 August 2016.

Save for the Early Conciliation legislation on the effect on the time limit to bring a claim, the Claimant’s time limit to bring a claim at the Employment Tribunal would have expired on 11 November 2016.

However, time is paused for calculating the time limit until the date on which the Early Conciliation Certificate is issued. In effect, this means that the time spent in early conciliation is added on to the usual time limit.

Dispute over the time limit and tribunal decision

After the submission of the claim, a dispute arose between the Claimant and Respondent as to whether her claim had been submitted outside of the time limit, or whether the legislative provisions meant that:

• All the time in which the claim was in early conciliation should be added to the time limit, or;
• The Tribunal should only add the three days following The Claimant’s resignation and before the receipt of the Early Conciliation Certificate.

A preliminary hearing regarding the issue was held. The Judge outlined two previous Employment Tribunal cases — Chandler v Thanet District Council and Myers v Nottingham County Council — in which it was held that all the time spent in early conciliation should always be added on to the normal time limit, even when the early conciliation period begins before time starts to run.

However, the Judge did not agree with these cases and considered that the legislation which provides the time limit is paused during conciliation, effectively ‘stopping the clock’. In effect, a clock cannot be stopped if it has not yet been started.

Therefore, only the days in the early conciliation period which fell within the ordinary time limit for her to bring her claim would be added to the primary time limit (which was three days). The claimant had still presented her claim outside the time limit in which to do so.

Outcome and practical implications

However, all was not lost for the Claimant, as the Judge deemed that it was not reasonably practicable for her to submit the claim within the time limit. The reason it was submitted late was that the Claimant’s solicitor considered all the early conciliation period was added to the time limit, which — given the previous case law on this point — was not negligent for him to think so.

Therefore, as the claim was only submitted four days late, the Judge allowed the claim to proceed.

As early conciliation provisions are still in their infancy, differences in the interpretation of the legislation are inevitable. This is why cases regarding this are important guidance for any person who is involved, or could be involved, with Employment Tribunal litigation.

Conciliation during a tribunal claim

It is also important to note that you and the respondent can still engage in talks through Acas up to and during the tribunal process, until a judgement is made. This is known as 'conciliation' (rather than 'early conciliation'). This conciliation will not affect the outcome of a tribunal, and anything discussed will not be shared without your permission.

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