Your employer refused to engage with ACAS.

Your employer does not have to take part in ACAS (Advisory, Conciliation and Arbitration Service) early conciliation, and refusing does not stop your claim. When they decline or do not reply, ACAS ends conciliation and issues your early conciliation certificate. You then put the certificate number on your ET1 claim form and file it within your time limit.

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What happens if my employer ignores or doesn’t respond to ACAS?

ACAS closes early conciliation and issues your early conciliation certificate. You can then file your ET1 using the certificate number.

Can an employer refuse ACAS early conciliation?

Yes. Early conciliation is voluntary for your employer. They can decline or simply not reply, and ACAS will then close conciliation and issue your certificate.

Is ACAS early conciliation mandatory?

For you, yes: you must notify ACAS and get an early conciliation certificate before you file your ET1. For your employer, no: taking part is their choice.

Can I still go to tribunal if my employer refuses ACAS?

Yes. Early conciliation is a step you must take before filing. Your employer does not have to engage for your claim to go ahead.

How long does ACAS take to issue a certificate?

Conciliation can last up to 12 weeks from when ACAS receives your notification. If your employer declines, the certificate can be issued sooner.

Does my deadline change if my employer won’t talk to ACAS?

The time spent in conciliation is added to your deadline, with at least one month after the certificate if that is later. It is not the conciliation period plus a fresh time limit.

Can we still settle after my employer refused ACAS?

Yes. Settlement can be discussed at any point before the hearing, and ACAS can still help after you file your ET1.

What if the employer engages at first, then withdraws?

Taking part is voluntary for your employer throughout. If they withdraw, ACAS ends conciliation and issues your certificate, and you can file your ET1.

Should I pursue a grievance while ACAS conciliation is happening?

You can. A grievance does not pause the ACAS clock or your tribunal time limit. Use ACAS for settlement and pursue the internal grievance alongside if you are not satisfied.

Does the EC certificate expire?

Not formally. But you must file your ET1 within the time limit from dismissal (extended by the ACAS period). Delay beyond the extended deadline and your claim is time-barred.

Do employers have to follow ACAS?

Employers do not have to take part in early conciliation. The ACAS Code of Practice on Disciplinary and Grievance Procedures is different: if an employer unreasonably fails to follow it, a tribunal can increase compensation in many claims.

What if my employer doesn’t respond to my tribunal claim either?

Your employer has 28 days to reply on form ET3. If they file nothing, the tribunal can issue a judgment without a hearing where it has enough information. It is not an automatic win: the tribunal still has to be satisfied your claim succeeds.

Your employer refused to engage with ACAS.

Employer non-engagement doesn't bar your claim.

Your employer has no legal obligation to engage with ACAS early conciliation. If they decline, you can proceed to the tribunal. What happens next is set out below.

What happens next, step by step

You give ACAS your details and your employer's, and receive a reference number.

A conciliator contacts your employer

ACAS offers your employer the chance to talk about settling before a claim is filed.

Your employer declines, or does not respond

Taking part is their choice. Declining does not bar your claim.

ACAS closes conciliation and issues your certificate

This can happen well before the 12-week period is up. The certificate proves you have met the legal requirement to notify ACAS.

You file your ET1 with the certificate number

An ET1 without the certificate number will be rejected. You can file online through the HMCTS portal.

Your employer has 28 days to respond on an ET3

The tribunal sends your employer a copy of your claim, and they reply on form ET3. See what happens if the ET3 is late or never arrives.

Working out your deadline after the certificate

The time between notifying ACAS and receiving your certificate is added to your original deadline, and you always have at least one month from the certificate date if that ends later. It is not the conciliation period plus a fresh time limit.

For most claims the starting limit is three months less one day (six months less one day for dismissals and acts on or after 1 October 2026), counted from the date of dismissal or the act you are complaining about. Some claims have different limits. Check your own dates with the free deadline checker, or read more about the employment tribunal time limit.

Is ACAS early conciliation mandatory? Can an employer refuse?

No. Early conciliation is compulsory for you to start, but voluntary for your employer to take part in. They can decline and wait for the tribunal claim.

However, if the employer fails to engage with internal grievance procedures or disciplinary processes, and dismisses you without following the ACAS Code of Practice on Disciplinary and Grievance Procedures, the tribunal can order an uplift to compensation of up to 25%.

Does refusing ACAS count against your employer?

Declining early conciliation is your employer's choice, and on its own it is not a breach of anything. What can matter is how they handled the process before you got here.

If they dismissed you without a proper disciplinary hearing, ignored a grievance or refused an appeal, a tribunal can increase compensation by up to 25% for failing to follow the ACAS Code of Practice. That is separate from early conciliation. See the ACAS uplift explained.

The difference between refusing ACAS and refusing internal grievance

Refusing ACAS early conciliation

Legally neutral. The employer can decline with no legal consequences.

Refusing internal grievance (or dismissing without disciplinary)

Serious breach of the ACAS Code. If the employer dismisses you without a disciplinary hearing, refuses to consider a grievance, or provides no appeal — they breach the Code and the tribunal can increase compensation by up to 25%.

The employer can decline ACAS without consequence, but if they also dismissed you without following internal procedures, the Code uplift can apply. One is neutral; the other can be costly.

What if ACAS conciliation was productive but broke down?

"Without prejudice" applies to ACAS conciliation — nothing said in the process can be used in evidence. The fact of breakdown cannot be held against either side. You don't have to tell the tribunal what happened in conciliation unless both parties agree to disclose.

If a Calderbank offer was made during conciliation, the terms might become relevant at tribunal if you reject it and do worse — but nothing said within the conciliation itself is admissible.

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Sources: ACAS early conciliation · Employment Rights Act 1996 · ACAS guidance