ACAS: Early Conciliation
The first step, before any claim can be made to the Employment Tribunal, claim is to approach ACAS, the Advice, Conciliation and Arbitration Service, usually over the phone or internet, and ask for Early Conciliation. You have to get an Early Conciliation Certificate from ACAS before you go to the Tribunal. (This was introduced to stop simple claims, which the employer was prepared to settle, taking up Tribunal time.)
ACAS is itself a government body; and is free to use. If you are considering taking a Tribunal claim, you must first contact ACAS with
- Your name and contact details
- The employers name and contact details
- A brief summary of what your claim is for
- What you are looking for
There is a form on the ACAS website you can complete which covers this, but you do not have to use it. Generally, this is a simple procedure, largely handled over the phone or by email; and precise detail is not required. However, one point you must get right (or it may cause big problems later) is the name and address of your employer: see the advice below, in section….)
Typically, ACAS will contact your employer, your employer will say they know nothing about it and ask for more details; ACAS will get back to you, and so on. Eventually your employer may offer payment in full (rare!) or at least, offer a small amount. You are now in a negotiation: See the section below on negotiating settlements for further advice. Or the employer may never offer anything, just spin the process out. 6 weeks is allowed for Early Conciliation, but that can be extended by a further 2 weeks. So it can take months.
If your claim is complex or substantial, Early Conciliation is often a waste of time. The employer just drags things out by asking for more details and information about your claim. That just means they are better prepared when you do issue the claim.
If you think your employer is unlikely to make a realistic settlement offer, you do not have to go through the Early Conciliation process at all: you can just ask ACAS for an Early Conciliation Certificate and tell them you do not want them to contact your employer. If you do this, they will simply issue the Certificate to you (usually within a few days), without contacting the employer.
Early Conciliation and Tribunal Time Limits
There is a 3 month time limit for making a Tribunal claim (from the date of the action complained of); and you must contact ACAS within that 3 months. But once you have contacted them, time stops running for the Tribunal application; until the EC Certificate is granted; and the deadline is then extended for at least a further month to submit your Tribunal claim.
Example: you last worked for the employer on 10th March, and he has not paid your wages for February. He has also never paid you for the 2 night shifts a month you were expected to work for nothing – a condition of getting the job.. You would normally be paid on the 26th of each month. Your claim has to made within 3 months of the last action complained of.
That is unclear on these facts.. Payment for the 10 days in March was due on 25th March. So, arguably, the 3 months run from the 25th March (the date of non payment- the action complained of) and runs out on 24th June. You must contact ACAS on 24th June at the very latest. In practice apply as soon as you can: April would be sensible, to avoid delay.
Last minute applications cause problems. Even on this simple case, the employer might argue time starts running on the last day of employment:10th March ; or even from 25th February? So waiting to 24th June could be too late anyway: and could cause an argument that the Tribunal has to resolve at a separate Preliminary Hearing. You may well win on the time limit point, but it will have taken months to resolve. Apply early to avoid these problems.
Don’t Delay: Apply Early
Provided you apply before 25 June, you then have a further month – from the date ACAS issues the Early Conciliation Certificate – to apply to the Tribunal. A month seems a long time, but it soon goes: get the Tribunal Application in as soon as you can.
But there is no need to wait that long. Why not apply in April? Last minute applications cause practical problems as well. (the Internet is down; no one answers the phone; some crucial information is missing – the correct, full name of the employer??? The address of the employer: where you worked, or Head Office??)
Delay is a crucial weapon for the employer: they can hold out longer than you. The money stays in their bank account, and you need it more than they do. Delay softens you up: you can end up settling for a small payment, because you are desperate for the money, any money.
Tribunals can take months and years: Don’t Delay: Apply Early.