Your employer refused to engage with ACAS.

That's fine — it's their choice. Here's what happens next.

Build your employment tribunal claim — free to start

Build your claim free

How long does the ACAS early conciliation period last?

Usually up to 6 weeks from ACAS’s receipt of your notification. It can end earlier if the employer declines or both parties agree it’s resolved. The period pauses your 3-month tribunal deadline.

What if the employer engages at first, then withdraws?

Conciliation can continue. Once engaged, employers can’t simply withdraw — ACAS expects them to participate through the period. If they withdraw, ACAS issues your certificate.

Should I pursue a grievance while ACAS conciliation is happening?

You can. A grievance doesn’t pause the ACAS clock or the 3-month tribunal deadline. Use ACAS for settlement and pursue the internal grievance alongside if you’re 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.

Can I re-engage ACAS after filing the ET1?

Yes, but it’s less common. The tribunal might stay proceedings to allow settlement discussions. Once you’ve filed an ET1, re-engagement requires the tribunal’s consent or is less productive.

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. The non-engagement may even help you in limited circumstances.

ACAS will confirm non-engagement

ACAS will issue your EC certificate after the conciliation period ends (usually up to 6 weeks, though can end earlier if the employer declines).

Get your EC certificate

You need this certificate number to file an ET1. Without it, your ET1 will be rejected. The certificate proves you've satisfied the statutory requirement to notify ACAS.

The ACAS conciliation period extends your 3-month time limit. Add the ACAS period to calculate your new deadline (usually 6 weeks from notification to ACAS plus 3 months from dismissal).

Now proceed to file using the HMCTS online portal. Include your EC certificate number.

What non-engagement means at hearing

The tribunal can draw adverse inferences. In some cases, the ACAS Code uplift (up to 25%) applies if the employer failed to follow the Code on disciplinary/grievance procedures.

ACAS early conciliation — is it mandatory for the employer?

No. The employer can decline. This cannot be held against them directly as legal liability — it's not misconduct, it's a choice. The employer is not forced to engage with ACAS early conciliation. They can simply say "no" 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 non-engagement help your case?

Possibly. While tribunal can't directly penalise employer for declining ACAS, the tribunal can consider it in context. If the employer also refused internal grievance, ignored requests for appeal, or took other rigid positions, the pattern shows inflexibility. The tribunal can draw adverse inferences.

Additionally, the 25% uplift for ACAS Code failure is separate and depends on whether the employer breached the Code on internal procedures (dismissal without proper disciplinary hearing, refusal to consider appeal, failure to consult, etc.). If they did, the uplift applies regardless of ACAS early conciliation.

The difference between refusing ACAS and refusing internal grievance

Refusing ACAS early conciliation

Legally neutral. The employer can decline with no legal consequences. But it reveals a reluctance to settle or attempt resolution, which may suggest confidence (or arrogance) in their legal position.

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 face a 25% uplift to compensation.

The employer can decline ACAS without consequence, but if they also dismiss you without following internal procedures, they breach the Code and lose the uplift protection. One is neutral; the other 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.

Ready to build your claim?

Start My Claim guides you from ET1 to hearing, step by step. Free to start, no jargon.

No credit card required · Used by claimants across the UK

Frequently Asked Questions

How long does the ACAS early conciliation period last?

Usually up to 6 weeks from ACAS's receipt of your notification. However, it can end earlier if: the employer declines (your EC certificate is issued immediately); or both parties agree it's resolved. The period pauses your 3-month tribunal deadline — so those 6 weeks are added to your time limit.

What if the employer engages at first, then withdraws?

The conciliation can continue. Once the employer has engaged, they can't simply withdraw — ACAS expects them to participate through the period (unless it's resolved, or you reach an agreement). If they withdraw, ACAS will issue your certificate. Either way, you get your EC certificate.

Should I pursue a grievance while ACAS conciliation is happening?

You can, but timing matters. If you file a grievance, it doesn't pause the ACAS clock or the 3-month tribunal deadline. Best practice: use ACAS early conciliation for settlement discussions, and pursue internal grievance alongside if you're not satisfied. This strengthens your position if you end up in tribunal.

Does the EC certificate expire?

No, not formally. But you must file your ET1 within the time limit from dismissal (extended by the ACAS period). The certificate itself doesn't expire, but if you delay beyond the extended deadline, your claim will be time-barred.

Can I re-engage ACAS after filing the ET1?

Yes. ACAS early conciliation can continue after a tribunal claim is filed (though it's less common). The tribunal might stay proceedings to allow for settlement discussions. But once you've filed an ET1, you're in tribunal proceedings — re-engaging with ACAS requires the tribunal's consent or is less likely to be productive.

You don't have to work this out alone

Start My Claim builds your ET1, organises your evidence, and walks you through every step.

No credit card · Cancel any time

Your claim, estimated

What could you actually be owed?

No sign-up, no card, no email. Your numbers just appear below as you type — then you decide whether to build the full case.

ACAS early conciliation

Employment Rights Act 1996