Pre-Claim Conciliation – ACAS
Pre-claim conciliation is a crucial step in the employment dispute resolution process in the UK, facilitated by the Advisory, Conciliation and Arbitration Service (ACAS). Before an employee can submit a claim to an employment tribunal, they are legally required to engage in ACAS Early Conciliation. The aim of this process is to resolve disputes between employees and employers without the need for a formal tribunal hearing, which can be time-consuming, costly, and stressful for both parties.
The process begins when an individual contacts ACAS to notify them of their intention to bring a claim against their employer. ACAS will then assign a conciliator to the case who will act as an impartial intermediary between the employee (claimant) and the employer (respondent). The conciliator’s role is to help both parties explore the issues in dispute, clarify their positions, and facilitate a discussion towards reaching a mutually agreeable settlement. The process is voluntary, meaning that either party can decline to participate or withdraw at any time, but both parties are encouraged to engage in good faith as it offers a quicker and more flexible alternative to a tribunal hearing.
Pre-claim conciliation is confidential, and anything said during the discussions cannot be used later in a tribunal if the case proceeds to that stage. This encourages open dialogue and negotiation without fear of compromising legal positions. If a settlement is reached during conciliation, it is usually formalised in a legally binding agreement called a COT3, which records the terms of the settlement and prevents the employee from pursuing the same claim further in a tribunal.
If conciliation fails and no settlement is reached, ACAS will issue an Early Conciliation Certificate, which the claimant will need to submit their claim to the tribunal. The certificate proves that the conciliation process has been completed and is a necessary document for the tribunal to accept the claim. However, even after the tribunal process has begun, ACAS can continue to provide conciliation services to help resolve the dispute at any stage.
Engaging in ACAS pre-claim conciliation is beneficial as it provides an opportunity to resolve workplace disputes efficiently, often saving time, money, and reducing the adversarial nature of legal proceedings. It also allows both employees and employers to maintain more control over the outcome, as they are directly involved in negotiating the terms of any settlement.
