Acas Early Conciliation : calculate what you are owed
Before most employment tribunal claims you must notify Acas. What Early Conciliation can and cannot do, how it pauses the clock, COT3 settlements, and why you should prepare your pound figures first.
You have the shortfall in black and white: missing overtime, unpaid holiday, or wages that never hit your account. You want an employment tribunal to order payment. There is a gate before that hearing. For most claims in England, Scotland and Wales you must first notify Acas. Acas then offers Early Conciliation: a short, structured chance to settle without a public hearing.
This is not a formality you can ignore at the last minute. Notify Acas inside your tribunal time limit or you risk losing the pause that keeps the claim alive. Walk in with clear pound figures and you give conciliation a real chance to work.
In short
- Before most employment tribunal claims you must notify Acas. Early Conciliation is then offered; taking part is voluntary for you and your employer.
- Acas is impartial. Conciliators do not represent you, take sides, prepare your case, or tell you whether your claim is strong.
- Early Conciliation can last up to 12 weeks. If you notify Acas within your tribunal time limit, that clock is paused until Early Conciliation ends.
- Raising a grievance or appeal with your employer does not pause the tribunal deadline. Only a timely Acas notification does.
- If you settle, Acas can write a COT3. It is legally binding. If you do not settle, you get a certificate number for form ET1.
- Prepare your hours, payslips and pound shortfall before you notify. Vague "they owe me money" claims stall talks.
Why you must notify Acas first
GOV.UK and Acas both state the same starting rule: before you make a claim to an employment tribunal, you must tell Acas. Acas then offers Early Conciliation. Some claim types are exempt; Acas will not advise you whether yours is one of them, so check GOV.UK exemptions if you think you might fall outside the rule.
Early Conciliation is for people who are considering a tribunal claim. It is not a general complaints desk for every workplace spat. If you only want informal advice, use the Acas helpline. If you are heading toward a claim, use the Early Conciliation notification route so you get a certificate (or a settlement) at the end.
Northern Ireland has a different process. This guide follows the Great Britain Acas / employment tribunal path.
What Early Conciliation can and cannot do
What conciliators can do
Acas describes conciliators as impartial. They can:
- explain their role and the process
- discuss the issues with both sides separately
- give an overview of the relevant law
- explore how you might resolve the dispute without a hearing
- discuss how tribunals have approached similar situations in general terms
If both sides engage, the conciliator shuttles between you (or your representative) and the respondent to test settlement options.
What Acas cannot do
During Early Conciliation, Acas cannot:
- represent you (Acas is not a trade union)
- take your side or your employer's side
- help you prepare your tribunal case
- tell you whether you have a valid claim
- give you legal advice on strategy or prospects
That list matters. Early Conciliation is a negotiation channel, not free representation. If you need advice on whether to accept an offer, speak to a solicitor, a union, or another adviser separately.
How the process works (practical stages)
Acas sets out a clear sequence:
- You notify Acas that you intend to make a claim and say whether you want Early Conciliation.
- If you decline conciliation, Acas still issues a certificate so you can go to tribunal (subject to time limits and other rules).
- If you want conciliation, you give details of the dispute. Acas confirms with a reference number.
- Acas reviews the information, may call (or email if you cannot use a phone), then assigns a conciliator.
- The conciliator speaks with you about what you want. If you agree, they contact the employer.
- If the employer takes part, talks continue until you settle, one side stops, or the Early Conciliation period ends.
By law, Early Conciliation can last up to 12 weeks. If Acas does not hear back from you, they will still send the certificate you need for tribunal. If the respondent declines Early Conciliation, you also get a certificate with the number for form ET1.
You can still use Acas conciliation later, up to and during a tribunal claim, until judgment. That later stage is called conciliation rather than Early Conciliation; it does not replace the need to notify in time at the start.
The clock: grievance does not pause it, Early Conciliation can
This is the trap that sinks unpaid-wages claims.
Acas is blunt: if you raise the problem with your employer first, that does not change the time limits to make an employment tribunal claim. Going through grievance, disciplinary or appeal procedures does not extend the deadline either. Judges often expect you to have tried to resolve things, and skipping internal steps can affect compensation, but the limitation clock keeps running while you wait for a grievance meeting.
What does pause the clock is notifying Acas within your employment tribunal time limit. Your time limit is then paused until Early Conciliation ends. If you notify late, you do not get that pause.
For most claims today (September 2026), the underlying limit is 3 months minus 1 day from when the problem happened (for pay, usually the date you were not paid correctly). From 1 October 2026, most claims become 6 months minus 1 day if the time limit starts on or after that date. After Early Conciliation, if you notified in time, you usually have at least one month from the date you received the certificate to present the claim. Exact end dates can be technical; only a tribunal finally decides whether a claim is in time.
Worked idea: Wrong payday on 15 July 2026. Ordinary limit ends 14 October 2026 (3 months minus 1 day). You notify Acas on 1 October 2026. The clock pauses for Early Conciliation. When the certificate arrives, you still have a protected window (at least a month from the certificate in the usual Acas framing) to lodge ET1. Wait until mid-October without notifying Acas and the pause never starts.
Prepare your figures before you notify
Conciliation moves faster when both sides can see a number.
Before you open the Acas form, gather:
- contract or written statement (rate, hours, payday)
- payslips for the disputed periods
- rotas, timesheets, clock records, messages confirming shifts
- bank statements showing what landed
- a simple spreadsheet: date, hours worked, amount due, amount paid, shortfall
GBP example: You are 28 and work 35 hours a week. From April 2026 the National Living Wage for age 21+ is £12.71 an hour. Floor for the week: 35 × £12.71 = £444.85. Payslip shows £400. Shortfall for that week alone: £44.85. If the same pattern ran for eight consecutive weeks with the same hours, list each week separately rather than one vague "about £350". Linked underpayments are easier to discuss when each payday is itemised.
If your claim is contractual overtime above NMW, show the contract rate and the missing hours. If it is holiday pay, show leave taken or accrued and the pay that should have followed. Ambiguity invites low offers or a quick "no".
If you settle: COT3
When you and the respondent agree, Acas writes a conciliation agreement known as a COT3. It is legally binding. Acas warns that once you agree to it, you must keep to it even before you have signed. After a COT3 settles the dispute, you cannot take that settled case to tribunal; the matter is closed.
Read every line: amounts, tax treatment if mentioned, confidentiality, references, and which claims you are giving up. If you are unsure, get advice before you confirm.
If you do not settle: certificate then ET1
If Early Conciliation ends without agreement, Acas issues a certificate with a number. Put that number on employment tribunal form ET1. Without it (for claims that require Early Conciliation), the claim will not proceed cleanly.
It remains your responsibility to present the claim in time. Acas conciliators cannot decide or advise whether your claim is in time.
Common traps
- "I'll finish the grievance first, then call Acas." The grievance does not stop the tribunal clock. Notify Acas while the internal process is still running if the deadline is close.
- "Acas will tell me if I will win." They will not. They cannot advise on the strength of your case.
- "My employer refused conciliation, so I'm stuck." You still get a certificate and can claim if otherwise in time.
- "I'll work the numbers out later." Weak figures produce weak settlements. Build the pound schedule first.
- "We shook hands on £500 over the phone." Get it into a COT3 (or another binding form). Informal chats are not enough.
- Missing the notification window. No in-time notification means no Early Conciliation pause.
Soft next step
Early Conciliation works best when you already know what you are claiming and why. Paye Mes Heures helps you log hours and pay lines so your shortfall schedule is ready before you notify Acas. Use it to organise evidence; then follow Acas and, if needed, get independent advice on settlement wording.