This page references the ACAS Early Conciliation window, which extended from 6 to 12 weeks from 1 December 2025 under the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025 — always check GOV.UK for the current position.
Introduction
For most employers, the first sign of a potential tribunal claim is not the claim itself — it is a call or letter from ACAS. Understanding what Early Conciliation actually involves, what you are obliged to do, and what it means for your eventual response deadline puts you in a considerably stronger position than treating it as a formality to get through quickly. This guide covers the process specifically from the respondent’s perspective.
Table of Contents
- What Happens When ACAS Contacts You
- Do You Have to Engage With Early Conciliation?
- What You Can Achieve Through Early Conciliation
- COT3 Agreements: A Different Route to a Valid Settlement
- How Early Conciliation Affects Your Response Deadline
- Is What You Say During Conciliation Protected?
- Deciding Whether to Settle at This Stage
- Contact Us for Employment Tribunal Support
- Final Thoughts
- Frequently Asked Questions
What Happens When ACAS Contacts You
Before most Employment Tribunal claims can be lodged, the prospective claimant has to notify ACAS and go through Early Conciliation. ACAS will then contact you, generally by phone or in writing, to explain that a notification has been made and to ask whether you’re interested in exploring a resolution before any claim is actually filed. At this stage, no tribunal claim exists yet — this is a genuinely separate, voluntary process sitting in front of the tribunal system, not part of it.
Do You Have to Engage With Early Conciliation?
No — participating in the conversations ACAS facilitates is entirely voluntary for both sides, even though the claimant’s initial notification to ACAS is a required procedural step before they can bring a claim. You’re free to decline to engage, and doing so doesn’t count against you or suggest any weakness in your position. That said, declining to explore a resolution at this early, low-cost stage isn’t always the commercially strongest move either — it’s worth making a genuine assessment of the underlying claim before deciding, rather than declining reflexively.
What You Can Achieve Through Early Conciliation
Where both sides are willing to engage, ACAS acts as an independent conciliator, helping explore whether a resolution is possible without either side needing to draft a formal settlement agreement from scratch or incur substantial legal fees at this stage, though you remain free to take legal advice throughout. This can range from a straightforward financial settlement to a more structured outcome involving an agreed reference, confidentiality terms, or practical arrangements — broadly similar to what a negotiated exit might cover, but reached through ACAS.
COT3 Agreements: A Different Route to a Valid Settlement
It is worth understanding an important legal distinction here. A settlement reached through ACAS conciliation is recorded in a document known as a COT3 agreement, which operates differently from standard statutory settlement agreements. A COT3 does not require the employee to receive independent legal advice in the way a standard settlement agreement does — ACAS’s involvement as an independent statutory body is what renders the waiver of claims legally binding under section 203 of the Employment Rights Act 1996. This can make COT3 settlements faster and simpler to conclude, particularly for straightforward disputes, though both sides should fully understand the terms before agreeing.
How Early Conciliation Affects Your Response Deadline
Early Conciliation pauses the claimant’s time limit for bringing a claim while it’s ongoing, but it’s worth being clear that this doesn’t affect your own response deadline in the way some employers assume — your 28-day window to submit form ET3 only begins once a claim is actually lodged and formally sent to you, which happens after Early Conciliation has concluded without a resolution. The practical effect is that Early Conciliation genuinely operates as a distinct, earlier stage, not a countdown running in parallel with your eventual response deadline.
Is What You Say During Conciliation Protected?
Discussions conducted through ACAS during Early Conciliation are confidential and inadmissible as evidence in Employment Tribunal proceedings under Section 18(7) of the Employment Tribunals Act 1996. This allows both sides to explore settlement options openly, including making financial offers, without it being treated as an admission of liability if conciliation fails.
Important Warning on Direct Side Discussions: This statutory protection strictly applies to communications made to or through the ACAS conciliation officer. If you conduct direct negotiations with the employee outside ACAS, those conversations are only protected if they satisfy the legal requirements of common-law “without prejudice” privilege or section 111A of the Employment Rights Act 1996 (pre-termination negotiations). Note that section 111A does not protect discussions relating to discrimination, breach of contract, or automatically unfair dismissal. Always seek legal advice before conducting direct settlement talks outside ACAS.
Deciding Whether to Settle at This Stage
Early Conciliation is genuinely the cheapest and fastest point at which a dispute can be resolved, before either side has incurred the legal costs and management time that come with a formal claim. Where you’ve assessed the underlying complaint and see genuine risk, resolving it here — rather than waiting to see whether a claim actually materialises — is often the more commercially sensible route. Where you’re confident the complaint has no real substance, declining to settle at this stage is equally reasonable; ACAS conciliation isn’t a stage where you’re expected to pay simply to make a weak claim go away.
Contact Us for Employment Tribunal Support
Deciding how to approach ACAS Early Conciliation — whether to engage, what a sensible resolution looks like, and how it fits into your defense strategy if a claim follows — is straightforward with clear-eyed early legal assessment.
Final Thoughts
ACAS Early Conciliation is a genuine opportunity, not just a procedural hurdle before a claim can be filed. Understanding that it’s voluntary, that a COT3 settlement works differently from a standard settlement agreement, and that your own response deadline hasn’t started running yet, puts you in a position to make a considered decision rather than reacting under pressure to an unfamiliar process.
Frequently Asked Questions
Do I have to take part in ACAS Early Conciliation as an employer?
No. Participating in discussions facilitated by ACAS is voluntary for both parties, although the claimant must generally notify ACAS before filing a tribunal claim.
Does my 28-day ET3 response deadline start when ACAS contacts me?
No. Your 28-day deadline to submit form ET3 only begins once a formal claim (ET1) has been lodged by the claimant and served on you by the Employment Tribunal.
What is a COT3 agreement?
A COT3 is a legally binding settlement agreement facilitated by ACAS. Unlike a standard settlement agreement, the employee does not need independent legal advice for the waiver of claims to be valid, as ACAS’s statutory involvement provides the required legal effect.
Can what I say during conciliation be used against me later?
Statements made to or through an ACAS conciliator are confidential and inadmissible in tribunal proceedings under section 18(7) of the Employment Tribunals Act 1996. However, direct talks held outside ACAS may not be protected unless strict “without prejudice” or section 111A rules apply.
Should I always try to settle during Early Conciliation?
Not necessarily. Settling makes sense when an early risk assessment reveals genuine legal exposure. If the claim lacks merit, declining to settle at this stage is an entirely reasonable commercial stance.
How long does Early Conciliation last?
The standard Early Conciliation window is 12 weeks (extended from 6 weeks as of 1 December 2025 under updated tribunal procedure regulations), although cases can conclude sooner if either party withdraws or reaches a settlement.
Legal Disclaimer: This guide is provided for general information purposes only and does not constitute formal legal advice. Employment law in England, Wales, and Scotland changes regularly. Employers should seek specific advice from a qualified employment solicitor regarding individual workplace disputes.