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What is ACAS?

Written By: Justina Ricci

Advisory, Conciliation and Arbitration Service (ACAS) is a non-governmental body, which provides free conciliation services for employers and employees to help prevent and resolve workplace disputes.

The purpose behind the early conciliation requirement is to require employees to contact ACAS at an early stage so that ACAS has an opportunity to try to promote the resolution and settlement of employment disputes and thereby avoid, where possible, the need for employees to issue employment tribunal claims.

Will my employer know that I have contacted ACAS?

The only obligation on you in order to comply with the early ACAS conciliation requirement is to provide ACAS with your name and address and the name and address of your employer and any other potential respondents, against whom you have the potential claim. Although ACAS also asks for contact telephone numbers and email addresses, so that it can make contact more easily with the parties, you do not have to provide this further information if you do not want to. ACAS will only contact your employer if you give them permission to. ACAS provides an opportunity for the parties to settle disputes and as such it is often time advisable that you allow ACAS to contact your employer. If you do not, ACAS will issue a early conciliation certificate.

What happens after contact with ACAS?

If the parties enter into conciliatory discussions, an ACAS conciliation officer will talk to you (or us on your behalf) and your former employer separately. The conciliation officer will normally try to help the parties understand each other’s perspective on the issues in dispute and will communicate any proposal a party wishes to make to resolve the dispute, eg offers and counteroffers of settlement.

Without Prejudice

Any communications with ACAS during the early conciliation process are treated as ‘without prejudice’, which means that they cannot be used as evidence if the dispute subsequently does proceed to an employment tribunal hearing.

Justina Ricci

Head of the Department
Employment Lawyer
justina.ricci@ricciandpartners.co.uk

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