1. Starting ACAS EC and Stopping the Clock
The most important rule in employment law is the strict time limit for making a claim — usually three months minus one day from the date of the incident. Contacting ACAS is how you protect this time limit.
- The "Stop the Clock" Mechanism: The day you submit your EC form to ACAS, the clock on your tribunal time limit is paused. It only restarts when ACAS issues an EC Certificate.
- The Certificate: It contains a unique reference number that is mandatory for your ET1 form. The certificate will also state your new final deadline — always check this carefully.
Go to the ACAS Website to start the process online. You will need your employer's full legal name and address.
2. The Conciliation Period
Once you submit the form, a neutral ACAS conciliator will be assigned to your case. The process lasts for up to six weeks.
- The Conciliator's Role: They cannot take sides or give legal advice. Their job is to act as a go-between, passing messages and offers between you and your employer.
- The Process: You will speak to the conciliator, and they will speak to your employer. You will rarely speak directly to your employer during this process.
3. Employer Tactics to Watch Out For
The "Fishing Expedition"
The employer uses the conciliator to ask questions about your case — gauging how strong it is, what evidence you have, and how determined you are — without revealing their own defence.
Be clear and confident about the basics of your claim. You do not need to provide all your detailed evidence at this stage. Say: "I have a detailed chronology and supporting documents ready for the tribunal bundle."
The Lowball Offer
The employer makes an extremely low financial offer early. This is designed to make you question the value of your claim and anchor your expectations low.
Ignore the first offer. Have your own valuation in mind based on your loss of earnings and an estimate for injury to feelings. State calmly: "That offer does not reflect the seriousness of the claim or the financial losses I have incurred."
The Delaying Game
The employer is slow to respond and uses up the entire six-week period, making a slightly improved offer only on the final day. Designed to wear you down and pressure you into accepting a poor deal.
You are in control. If the employer is not negotiating in good faith, tell the conciliator you wish to end the process and ask them to issue your certificate.
One-Sided Confidentiality
Any settlement will require you to keep the terms confidential. But employers' first drafts often only place this obligation on you.
Insist that all confidentiality and non-disparagement clauses are mutual — binding on both sides equally.
4. Reaching a Settlement: The COT3
If you agree to a deal, it is formalised in a COT3 Agreement — a legally binding document. Once you sign, you cannot bring the covered claims to an Employment Tribunal.
Before signing, ensure it includes everything agreed, especially the exact wording of any future job reference.
5. If No Settlement is Reached
If you cannot reach agreement, the conciliator will close the case and issue your ACAS Early Conciliation Certificate. This certificate contains the crucial reference number you need to submit your ET1 to the Employment Tribunal.
Your next step: Employment Tribunal Toolkit →