The importance of an ACAS Early Conciliation Certificate

Before an employee makes a claim to the Employment Tribunal they must firstly contact ACAS to obtain an Early Conciliation Certificate.

This article summarises the importance of Claimants obtaining an Early Conciliation Certificate and possible outcome if they fail to do so.

Claims to the Employment Tribunal are issued by submitting an ET1 form. The Claimant must include the Early Conciliation Certificate number within the ET1. It is therefore a mandatory prerequisite to obtain an Early Conciliation Certificate before submitting an ET1.

Failure to obtain an Early Conciliation Certificate before submitting an ET1 will cause the claim to be struck out. In order to proceed with the claim, Claimants will need to obtain an Early Conciliation Certificate and submit a fresh ET1 provided the claim is issued within the limitation period.

Most claims to the Employment Tribunal must be brought within a limitation period of 3 months less 1 day from the cause of action. Employees wishing to make a claim to the Employment Tribunal must contact ACAS before the limitation period ends to notify them of their intention to bring the claim.

Prior to ACAS issuing an Early Conciliation Certificate ACAS will approach the employer for their consent to engage in conciliation between the parties. ACAS’s conciliation service is free and voluntary. If the parties consent to early conciliation and reach a settlement ACAS will facilitate the settlement and record it in a legally binding agreement. Settlement reached at this early stage saves the parties from drawn out and potentially costly Tribunal proceedings.

If the parties do not voluntarily engage with ACAS or settlement cannot be reached during the conciliation stage ACAS will then issue the Early Conciliation Certificate to enable the employee to submit their ET1 form to the Employment Tribunal.

If you would like to discuss employment matters in more detail please do not hesitate to contact Natalie Peacock on 01603 625231 or by email nlpeacock@cozens-hardy.com.