Employment tribunal litigation

This factsheet sets out the key steps in employment tribunal litigation.

ACAS early conciliation

If an employee (the Claimant) wishes to bring an Employment Tribunal claim against their employer (the Respondent), the first step they must take (for almost every type of claim) is to submit an ACAS early conciliation form.

ACAS then contacts the employee and asks them if they want the employer to be contacted with a view to resolving the complaint by conciliation. The conciliator is neutral and does not give legal advice. The entire early conciliation process is “without prejudice”, meaning that it cannot be referred to if the case proceeds to an Employment Tribunal claim. There is no obligation on the employee to let ACAS contact the employer.

The ACAS early conciliation period lasts a month, although it can be cut short if either side request that and it can be extended by up to 2 weeks if all parties agree that they are in constructive negotiations.