The early conciliation requirement
The early conciliation requirement

The following Employment guidance note provides comprehensive and up to date legal information covering:

  • The early conciliation requirement
  • Overview of application and effect
  • Voluntary early conciliation
  • When the early conciliation requirement applies
  • Relevant proceedings
  • Exemptions
  • Prescribed information
  • Multiple claimants
  • When to provide Acas with the prescribed information
  • The Acas duty to conciliate
  • The early conciliation period
  • The early conciliation certificate
  • Extension to time limits (the 'stop the clock' provisions)
  • Effect of failure to comply

The early conciliation (EC) requirement (also known as mandatory Acas early conciliation) is an obligation on a prospective claimant to contact Acas with certain information prior to submitting a claim in the employment tribunal. The EC requirement was introduced to: • allow Acas the opportunity to promote the settlement of employment-related disputes at an early stage, and • reduce the need for claims to be brought in the employment tribunal Acas conciliation involves an independent Acas conciliation officer (also known as a conciliator) discussing the issues in dispute with both parties in order to help them reach a better understanding of each other's position. The conciliation officer encourages the parties in dispute to reach an agreement between themselves in order to avoid the need for a tribunal hearing to resolve the matter. For further information on Acas conciliation generally, see Practice Note: Acas conciliation. Prospective claimants must comply with the EC requirement for most employment tribunal claims (submitted on or after 6 May 2014).Employment Tribunals Act 1996, s 18A(1)ET (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014, SI 2014/254ERRA 2013 (Commencement No. 5, Transitional Provisions and Savings) Order 2014, SI 2014/253, Arts 3(a), 4(1), 4(2) For information on data protection issues in the context of employment tribunal proceedings, see Practice Note: Employment tribunal proceedings—data protection issues under GDPR. Overview of application and effect The EC requirement, which is set out in section 18A(1) of the