Definition
A free, confidential service provided by ACAS that must be used before an employee can bring most types of employment tribunal claim, aimed at resolving workplace disputes without the need for formal legal proceedings.
UK Context
Early conciliation has been a mandatory requirement since 6 May 2014 for most employment tribunal claims in England, Wales, and Scotland. The service is provided free of charge by ACAS. There are limited exceptions where early conciliation is not required, including claims involving interim relief, equal pay claims following a collective grievance, and certain claims relating to national security. ACAS handled over 100,000 early conciliation notifications annually in recent years.
Best Practices
- Engage constructively with the ACAS conciliator rather than dismissing the process
- Use the early conciliation period as an opportunity to understand the other party's position and assess the merits of the case
- Consider seeking legal advice before and during conciliation to understand the potential outcomes of tribunal proceedings
- If a settlement is reached, ensure the COT3 terms are clear, comprehensive, and cover all potential claims
- Keep records of conciliation discussions as they may be relevant if the matter proceeds to tribunal
Frequently Asked Questions
Is early conciliation mandatory?
Yes, for most employment tribunal claims, the claimant must contact ACAS to start early conciliation before submitting a claim. ACAS will issue an early conciliation certificate whether or not conciliation is successful, and this certificate must be included with the tribunal claim form.
How long does early conciliation last?
The initial early conciliation period is one calendar month. It can be extended by up to two weeks if both parties agree and there is a reasonable prospect of reaching a settlement. If no settlement is reached within this period, ACAS issues an early conciliation certificate.
Does early conciliation extend the tribunal time limit?
Yes, the time spent in early conciliation stops the clock on the tribunal time limit. The period between submitting the ACAS notification and receiving the early conciliation certificate is added to the normal three-month deadline for bringing a claim. This ensures claimants are not penalised for engaging in conciliation.
What is a COT3 agreement?
A COT3 is a legally binding settlement agreement reached through ACAS conciliation. It typically involves the employer paying an agreed sum to the employee in exchange for the employee withdrawing or not pursuing tribunal claims. COT3 agreements are enforceable through the courts.