Early Conciliation is a process facilitated by ACAS (Advisory, Conciliation and Arbitration Service) prior to a claim being issued at an employment tribunal.
What is ACAS?
ACAS is an independent public body which receives funding from the government of the United Kingdom.
Why is it necessary to be involved with Early Conciliation?
Early Conciliation is a mandatory requirement prior to issuing a claim at an employment tribunal which explores the possibility of resolving a workplace dispute without recourse to litigation. In effect, it can be considered as a free mediation service.
It is important that ACAS is contacted within the mandatory timeframes and that any claim to an employment tribunal is issued on time. We recommend that advice is taken to ensure that a claim is not presented too late.
How does Early Conciliation work?
Early Conciliation can be invoked during employment or after employment has terminated, depending on the nature of the potential claim. Contact is generally made by using the website or by telephone, following which, a conciliator is appointed and will, as appropriate, liaise between the parties to explore the possibility of a resolution.
Where Early Conciliation is successful, ACAS will draft a document referred to as a COT3 Agreement, that is, a binding document which outlines the terms of settlement. The matter is then closed.
However, where Early Conciliation is unsuccessful, for example, because a resolution cannot be reached or the respondent will not engage, ACAS will produce a certificate which will enable the claimant to issue proceedings at an employment tribunal. The certificate will contain important details required when completing the employment tribunal claim form.
It should be remembered that ACAS is impartial and cannot side with either party.
