ACAS Early Conciliation – What Employers Need to Know

Has your business received contact from ACAS?

Have you received an ACAS Early Conciliation notification from an existing or former employee?

ACAS Early Conciliation is a process that can allow for exploration and facilitation of a settlement of an employment dispute.

The reason why many employers are now receiving contact from ACAS and/or receipt of a notice of ACAS Early Conciliation and associated deadlines for a response, is because it is mandatory for an employee/claimant to have used ACAS Early Conciliation if they wish to bring an employment claim in the Employment Tribunal.

An employment claim (and ET1) for an employee/claimant cannot be accepted by the Tribunal system without evidence of this process being complied with and the requisite Early ACAS certificate number.

Some employees and claimants do not fully understand when and how they should initiate ACAS Early Conciliation and this is now in turn impacting on employers.

Further, as a result of the Covid-19 pandemic; the cost of living crisis and rising business utilities and overheads; we are seeing a high increase in employment disputes and Employment Tribunal cases. Many employees/claimants have complaints of unfair dismissal and unfair treatment arising from, changes to terms and conditions of employment, flexible working, restructures, and redundancies. This in turn is resulting in employees or former employees initiating ACAS Early Conciliation and seeking financial settlements.

There remains a misconception by employers that engaging in an ACAS Early Conciliation shows weakness or that a business is then compelled to enter a settlement one way or another. This is not the case.

Farleys Solicitors are experts in dealing with ACAS Early Conciliation for employers and can provide advice and guidance on it and how it works in practice.

Our team can also represent your business and engage in all the Early Conciliation dialogue with an employee/claimant and ACAS from start to finish.

Most importantly, our HR and employment law team know how to use and manipulate the ACAS Early Conciliation mechanism to a particular client’s advantage.

It is these skills and knowledge that are fundamental to being ahead of the game with an employment dispute.

For more information about ACAS Early Conciliation and/or defence of any Employment Tribunal case, please contact Farleys HR and Employment law team on 0845 287 0939 or contact us by email.