UK: What Difference Has ACAS Early Conciliation Made?

Last Updated: 23 October 2014
Article by Fiona Rushforth

ACAS, the employment Advisory and Conciliation Service, last month issued its report on the first quarter's figures for the new Early Conciliation procedure.

Why was Early Conciliation Introduced?

Early Conciliation was introduced on 6 April 2014. Its aim was increase the number of potential claims settled without being the need for a formal claim to be issued in the Tribunal, thus reducing the workload of the Employment Tribunal Service. This process replaced the previous system of "Pre Claim Conciliation," which was offered to all employees and employers on a voluntary basis.

The commencement of Early Conciliation was intended to compliment the introduction of Tribunal fees for Claimants, another measure with the same objective of reducing the number of claims. While ostensibly the latter measure aimed to weed out weak claims, the inevitable effect has been that it has vastly reduced the number of low-value claims (largely irrespective of their potential merit) where the potential reward cannot justify the initial outlay in fees. High value claims have, understandably, continued to be issued.

How does it work?

Under the new Early Conciliation system, it is compulsory in almost every type of claim for the prospective claimant to make an Early Conciliation notification to ACAS prior to bringing the claim. This triggers a one month pause in the legal time limit for bringing the claim. ACAS will then offer conciliation to both parties. Although neither party is under an obligation to accept the offer of conciliation, the first quarter's figures indicate that the offer of conciliation has been accepted by both parties in 85% of cases. The conciliation period continues until the parties reach agreement, or it becomes clear that the parties are not willing to settle, or after a maximum of six weeks (the standard one month plus a discretionary two weeks).

What do the figures show?

ACAS reports that 16,605 notifications were made by employees during the first quarter. Of those cases where the conciliation deadline expired during the quarter, approximately 16% achieved settlement through ACAS. It is therefore clear that the introduction of Tribunal fees has been a far more significant factor in the reduction of the number of Tribunal claims being issued – a reported 70% drop overall. The figure is also an interesting contrast to figures issued in 2011 – 2012, which suggested that 80% of matters conciliated by ACAS reached resolution through their auspices. It is probable, however, that this figure resulted from the tendency of litigants to contact ACAS only once they had privately reached agreement, in order to benefit from the free and quick "COT3" method of documenting a settlement instead of the more lengthy and expensive settlement agreement.

What does the scheme offer employers?

Interestingly, the figures released by ACAS state that a further 540 Early Conciliation notifications were made by employers during the period. This is a surprisingly high figure, given the small number of claims that an employer can issue against an employee in the Tribunal, and the infrequency with which they do so.

It is likely, therefore, that this figure does not in fact represent prospective claims by employers. Rather, it is likely to be take-up of a little known aspect of ACAS's services; the right of a prospective respondent to contact ACAS and request the services of a conciliation officer where it believes it is likely to receive a claim. The conciliating officer will therefore try to promote a settlement in the same way that they would under the Early Conciliation procedure.

A new service for Respondents?

This is not a new part of ACAS's offering. Under the previous Pre-Claim Conciliation process, ACAS offered to help settle workplace disputes that could potentially turn into a claim. Indeed, the service offered was arguably wider than under the new system. The current service for employers is limited to cases where the employer believes a claim is likely to be made against it; on this basis, a conciliation officer could reasonably reject the request to conciliate in a potential unfair dismissal situation where the employer has not yet dismissed the employee. The old pre-claim conciliation regime was clearly stated to be available prior to dismissal in a potential unfair dismissal scenario. The pre-claim conciliation regime was withdrawn on 6th April 2014; however, ACAS has stated that it will continue to try to assist with all types of dispute, so it is to be hoped that they will exercise their discretion to conciliate even where they are not strictly required to do under the new system. One point to note is that, under pre-claim conciliation, ACAS asked that the parties try to exhaust their internal avenues for settling disputes – such as disciplinary, grievance and appeal procedures – before involving ACAS.

Benefits of the new scheme

Conciliating at an early stage through ACAS has many advantages for employers. It is free; it is neutral and can often help to diffuse an angry situation; and in the vast majority of cases it will be "without prejudice" and off the record (although there have, unfortunately, been exceptions to this). The low take up for the service, both historically and in the present, is therefore surprising. While it may be inappropriate for complex legal matters, as ACAS cannot offer legal advice, or cases where positions are deeply entrenched, it could well prove helpful in many situations, providing a forum for reasonable discussion and settlement.

Originally published by HR Review.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions