Acas Early Conciliation and Tribunal Deadlines Explained
Summary
Employment tribunal deadlines are short and strict: most claims must be started within three months less one day. Before you can bring most claims you must notify Acas for early conciliation, which pauses the clock while you try to settle. This article explains the deadlines, how the pause works and what the certificate is for.
- Employment Tribunals Act 1996, section 18A (early conciliation)
- Employment Rights Act 1996 (time limits for unfair dismissal and deductions claims)
- Equality Act 2010, section 123 (discrimination time limits)
The basic deadline: three months less one day
Most employment tribunal claims must be started within three months less one day of the event you are complaining about. For example:
- Unfair dismissal: three months less one day from the effective date of termination, usually your last day of employment.
- Unlawful deductions from wages (including unpaid or underpaid wages, sleep-in allowances and holiday pay): three months less one day from the date of the payment the deduction was made from, or from the last in a series of deductions.
- Discrimination: three months less one day from the act complained of, or from the end of continuing conduct.
A small number of claims have longer limits, notably statutory redundancy pay and equal pay, which are six months. Tribunals can extend deadlines only in narrow circumstances, and you should never rely on getting an extension. If in doubt, treat the three-month rule as fixed and check the current rules on gov.uk/employment-tribunals, as time limits can be changed by legislation.
Two traps care staff often fall into: raising an internal grievance or appeal does not pause the deadline, and waiting for a final payslip or P45 does not either. The clock runs from the event itself.
Early conciliation: a required first step
Before you can present most tribunal claims, you must first notify Acas (the Advisory, Conciliation and Arbitration Service) under the early conciliation rules in section 18A of the Employment Tribunals Act 1996. This is free and you can do it online or by phone. See acas.org.uk/early-conciliation.
What happens next:
- You submit an early conciliation notification with your details and your employer's details. The date Acas receives it is called Day A.
- A conciliator contacts you to discuss the dispute and, if you agree, contacts your employer to explore settlement. The early conciliation period can last up to six weeks.
- Talking to the conciliator does not commit you to anything. You can settle, or you can end the process at any point and go to tribunal.
- If no settlement is reached, or you decline conciliation, Acas issues an early conciliation certificate with a unique reference number. The date you are treated as receiving it is called Day B.
You cannot submit a tribunal claim without a certificate number for each respondent you are claiming against; the tribunal will reject the claim form without it.
How early conciliation pauses the clock
The time you spend in early conciliation does not count towards your tribunal deadline. In outline:
- The period from the day after Day A to Day B is added on to your time limit, so the clock is effectively paused while Acas is involved.
- If your original deadline would fall within one month of Day B, you get at least one month from Day B to present your claim.
The rules produce exact dates that are easy to miscalculate, especially if you notify Acas close to the deadline or have more than one claim arising on different dates. Treat any calculation you do yourself as provisional, and get it checked by an adviser. The safest approach is simple: contact Acas early, well before the three months are close to running out.
Which claims does this apply to?
Early conciliation applies to the great majority of tribunal claims, including unfair dismissal, wage deductions, holiday pay, discrimination, whistleblowing detriment and redundancy pay. A few limited exceptions exist, but if you are a care worker with a pay, dismissal or discrimination dispute, you should assume the requirement applies to you.
If you settle
Settlements reached through Acas are recorded on a form called a COT3 and are legally binding: you receive the agreed sum and give up the claims covered by the agreement. Take advice before signing, because a COT3 usually ends the matter for good. Settlement can also include an agreed reference, which is often valuable in social care recruitment.
Key takeaways
- Assume three months less one day for most claims, six months for redundancy pay and equal pay.
- Grievances, appeals and negotiations do not pause the clock. Only early conciliation does.
- Notify Acas as early as possible and keep your certificate number safe.
- There is currently no fee to bring an employment tribunal claim.
Where to get help
- Acas helpline on 0300 123 1100 for advice on deadlines and to ask about early conciliation, or start online at acas.org.uk/early-conciliation.
- Your trade union, which can advise on the merits of a claim and may provide legal representation.
- Citizens Advice for free help checking your deadline and completing forms.
- A solicitor or law centre for complex claims such as discrimination or whistleblowing, ideally before your deadline is close.
Guidance, not advice. This article is general information based on the position at the last update date. It is not legal advice — for your specific circumstances speak to ACAS, your union, your regulator or a solicitor as appropriate.