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Pre-claim conciliation - a free Acas service

Also see:

Disputes and mediation

Arbitration

Conciliation

Mediation

Where a problem or disagreement in the workplace is likely to lead to a tribunal claim, Acas will often be able to offer free and impartial pre-claim conciliation (PCC).

The aim of this service is to help employers and employees to find a solution that is acceptable to both, and avoid the costs, stress and time associated with an employment tribunal.

The Dispute Resolution Review, published in 2007 highlighted the benefits for both employers and employees if workplace disputes are resolved swiftly and with minimal formality before they escalate into litigation. Our pre-claim conciliation service was expanded in April 2009 to help achieve that, and has already been provided in nearly 4,000 cases. Over 80% of the cases in which both employers and employees have agreed to conciliate have been resolved without turning into tribunal claims.

What kind of problems can Acas help with?

Our pre-claim conciliation service is available for any type of workplace issue that could turn into an employment tribunal claim, including disputes over:

unfair dismissal
all forms of workplace discrimination
redundancy payments or selection procedures
deductions from wages or unpaid notice/holiday pay
rights to time off or flexible working
equal pay.

Bringing workplace disputes to life

Watch our interactive workshop, which shows an Acas conciliator diffusing a dispute using pre-claim conciliation.

A few facts to consider

Employment tribunal cases typically take many months before being heard
Even if you're the winning party, you don't always get what you want
Lengthy tribunal litigation can have a major (and costly) impact on productivity and employee engagement in the wider workplace
Many employees who are involved in tribunal claims find their career prospects and earning potential reduced, and some suffer stress-related illnesses

What are the benefits of pre-claim conciliation?

It works quickly – cases resolved in pre-claim conciliation take, on average, around two weeks to reach a conclusion
It happens early – so there's a better chance of avoiding a permanent breakdown of the employment relationship
It takes up less of your time – there's no need to fill in forms or get witness statements: it's just about talking the problem through and looking for a solution
It's confidential – nothing you tell us will be passed on to anyone else unless you agree
It's impartial – we don't make judgements on the rights and wrongs of the matter in dispute, or impose outcomes the parties don't want
It's voluntary – both parties must agree to take part before the process can start, and you can change your mind at any time
It's not an "either/or" option – if you can't reach an agreed outcome in pre-claim conciliation you are still free to go to a tribunal
It's flexible – we try to help you settle your differences on your own terms, so that you own the outcome
It's independent – Acas doesn't represent either employers or employees, nor are we part of the Tribunal: our role is simply to help people find a solution
It's professional – Acas are the experts in helping people deal with problems at work
It's free.

Who can ask for pre-claim conciliation?

Employees (and some other workers, who have legal employment rights) can apply directly for the service
Employers – the service is available to help everyone from HR professionals to owner/managers of small firms without specialised HR resources
Professional advisers or representatives – it doesn't matter whether you're representing an employee or and employer, or whether you're an accountant, consultant, solicitor, or employment specialist: if your client has a relevant employment relations problem you can ask for pre-claim conciliation on their behalf
Trade unions and voluntary advice agencies can ask for pre-claim conciliation on behalf of their members or clients

In short, pre-claim conciliation can be requested by anyone who is or might be involved, or advising people who are involved, in a workplace dispute. All we ask of you is that:

you've already tried to resolve the problem in question without external help, for instance by making use of workplace discipline, grievance or appeal procedures
you believe the dispute is likely to end in a tribunal claim if you don't get help to resolve it
you are prepared to discuss the problem in good faith with a view to finding a solution.

How does pre-claim conciliation work?

When you ask for pre-claim conciliation, we will try to make things as simple as possible from the very beginning. We will put you in touch with one of our specially trained pre-claim conciliators who will first talk through the problem with you and answer any questions you have, so that you fully understand the situation and the different courses of action available to you.

If you want to go ahead, the conciliator will then invite the other party to discuss the issues which you and they are facing.

The dialogue will be as flexible as necessary. Some negotiations are comparatively straightforward. In others the conciliator will have to help each party see the other's point of view and may suggest some options that might work to get matters moving forward. However, as the discussion progresses, the conciliator will try to explore all proposals and alternatives to find a mutually acceptable way forward. If the parties can find a basis for settlement, the conciliator will also offer to help them draw up a binding written agreement to record the terms.

What will all this cost?

Absolutely nothing, our pre-claim conciliation services are completely free of charge.

How do I ask for pre-claim conciliation?

Our pre-claim conciliation services can be requested by calling the Acas helpline on 08457 47 47 47.