Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Friction at work happens, and when it does, knowing where to turn can make the difference between a quick resolution and months of stress. The Advisory, Conciliation and Arbitration Service, better known as ACAS, is the independent body that sits between employers and employees in the UK to help sort things out without always needing a tribunal.
Whether you are a worker who feels badly treated or a business trying to handle a grievance properly, ACAS offers a route that is free, confidential and often far quicker than going to court. This guide walks through what ACAS actually does, how the early conciliation process works, when arbitration might be suitable, and what to expect at each stage. By the end, you should have a clearer picture of your options before any formal claim is considered.
Overview
ACAS is a publicly funded, independent organisation that supports better working relationships across England, Scotland and Wales. It is not a regulator, and it does not take sides. Its job is to help employers and employees find practical ways through disagreements, ranging from pay disputes and discrimination complaints to dismissal and redundancy issues.
The service covers several distinct functions. There is a telephone helpline and a substantial library of online guidance on employment matters. There is early conciliation, which is a mandatory step before most employment tribunal claims can be lodged. There is voluntary conciliation for disputes that have not yet reached tribunal stage.
And there is an arbitration scheme, used less often, where an independent arbitrator makes a binding decision in certain types of claim. ACAS also publishes statutory Codes of Practice, such as the one on disciplinary and grievance procedures, which tribunals take into account when deciding cases.
Key steps
Try to resolve it internally first. Before reaching out to ACAS, most situations benefit from a proper internal conversation. Raise the concern with your line manager, HR, or the employee directly if you are the employer. Follow any grievance or disciplinary procedure set out in the contract or staff handbook, because tribunals expect parties to have genuinely attempted to sort things out in-house.
Contact ACAS for early conciliation. If internal steps have not worked and you are considering a tribunal claim, you must notify ACAS first. This is done through their early conciliation form or helpline. A conciliator is then assigned to your case, and a period of up to six weeks begins during which both sides can talk through the issues confidentially and explore whether a settlement is possible.
Engage properly with the conciliator. The conciliator acts as a neutral go-between. They do not judge the dispute or say who is right, but they do relay positions, test the strength of arguments, and suggest realistic outcomes. Being candid about what you want, what you would accept, and what evidence you have tends to make the process far more productive.
Consider a COT3 settlement. If both parties reach agreement, the terms are usually recorded in a COT3, which is a legally binding settlement document arranged through ACAS. Signing it typically means giving up the right to bring the specific claims covered, so it is worth reading carefully and understanding what is being waived before committing.
Move to tribunal or arbitration if needed. If conciliation does not produce a deal, ACAS issues an early conciliation certificate, which is required to lodge a tribunal claim. In some cases, particularly unfair dismissal and flexible working disputes, the ACAS arbitration scheme can be used instead as a quicker, more private alternative, provided both sides agree.
Q Do I have to contact ACAS before making a tribunal claim?
In most cases, yes. Early conciliation is a mandatory step for the majority of employment tribunal claims in Great Britain. You need to notify ACAS and go through the process before the tribunal will accept your claim. There are narrow exceptions, but for everyday disputes such as unfair dismissal, discrimination or unpaid wages, contacting ACAS first is a legal requirement.
Q How long does early conciliation take?
The early conciliation period lasts up to six weeks from the date ACAS is first notified. It can end sooner if both sides reach a settlement, or if one party tells the conciliator they are not willing to engage. The tribunal time limit for lodging a claim is effectively paused during this period, which gives breathing room for genuine discussions.
Q Is using ACAS free?
Yes. ACAS conciliation and the helpline are funded by the government and free to use for both employees and employers. You may still choose to pay for your own legal support while going through the process, but there is no fee charged by ACAS itself. This makes it a much cheaper route than going straight to tribunal or paying for prolonged legal representation.
Q What is a COT3 and should I sign one?
A COT3 is the settlement document used when a dispute is resolved through ACAS conciliation. Once signed, it is legally binding and usually prevents you from bringing the agreed claims against the other party. Whether to sign depends on what is being offered, what you would be giving up, and how strong your underlying case is. It is sensible to take guidance before committing.
Q Can ACAS force my employer to settle?
No. ACAS conciliators cannot compel anyone to agree to a settlement or to pay compensation. Their role is to facilitate conversations and help both sides see the risks and merits of their position. If one party refuses to engage or will not move from an unreasonable position, the conciliator cannot override that. At that point, the tribunal route may be the only remaining option.
Q What is the difference between conciliation and arbitration at ACAS?
Conciliation is a voluntary negotiation process where a conciliator helps the parties reach their own agreement. Arbitration is different: an independent arbitrator hears both sides and issues a binding decision, much like a judge. ACAS arbitration is only available for certain claim types and requires both parties to agree to use it. Conciliation is by far the more commonly used route.
Q Does engaging with ACAS weaken my position in a claim?
Not at all. Discussions during early conciliation are confidential and cannot usually be used as evidence in later tribunal proceedings. Engaging constructively often strengthens your position, because tribunals expect parties to have tried to resolve matters sensibly. Refusing to engage without good reason can sometimes be viewed unfavourably when costs or conduct are assessed.
Workplace disputes rarely fit a textbook pattern, and knowing whether to push for conciliation, hold out, or accept a settlement often comes down to your specific circumstances. An experienced legal adviser can talk through your situation on the phone and help you think through the practical options based on what you describe.
✓Plain-English answers to your specific questions about ACAS
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✓Help thinking through whether to settle or proceed
✓Clarity on what to expect at each stage of the process
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Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.