This is a loaded question. It is a requirement for you to be able to bring a claim in the Employment Tribunals that you must have completed the mandatory Acas early conciliation process within the applicable time limits.
What is my time limit for starting early conciliation?
You must contact Acas before the expiry of your ordinary limitation date (the Employment Tribunal time limit) which is three months minus one day from the dismissal or the act of discrimination you are complaining about. If you are complaining about a series of acts you will usually compute the date from the most recent act but this is not a failsafe mechanism.
Do not leave it to the last minute either to start early conciliation or to file an Employment Tribunal claim. If the portal is down for some reason and you are out of time you are snookered. Do it with a few days in hand for safety.
Starting early conciliation stops the clock and gives you extra time.
Can I start the process earlier than the limitation date?
You can start EC at any time before the ordinary time limit expires but you need to understand that if you start early you may be putting undue pressure on yourself to submit a claim within time limits.
You have a limited time from obtaining your EC certificate from Acas in which to make your claim to the Employment Tribunals, usually one month.
Some employees think itâs a good idea to start EC straight away. It is not always. We recommend that you take legal advice before you do so.
Remember also though that if you start it your employer can end it deliberately to put you under time pressure.
How does Acas EC work?
You can either contact Acas and ask them to try to broker a solution to your dispute or you can contact them asking them simply to issue their EC certificate. You must contact them either way.
For more information on the process see here.Â
I have missed my date for starting early conciliation
You may very well be out of options unless you have a very good reason for missing the deadline. Tribunals are not very sympathetic about late claims and more often than not will disallow your claim from continuing. Make a diary date and donât forget!
If you plan to use lawyers contact them early and give them adequate time to be able to assess your claim and formulate a resolution. Having to issue an Employment Tribunal claim because you are out of time is expensive and a waste of everyoneâs time. If in doubt take legal advice.
I want to try to settle
If you want to try to settle a potential claim either with the assistance of Acas or solicitors then you are advised to start early conciliation as late as possible to allow you enough time to broker a deal and reach an agreement.
Always, always though, keep an eye on your time limits. This is vital.Â
Written by Karen Jackson
