UK Workplace Issue Playbook · 2026
How do I prepare for ACAS Early Conciliation in the UK?
Why this matters
ACAS conciliation is the most cost-effective dispute resolution in UK employment law: free, structured, time-bound, and confidential. About 50% of claims settle here, saving 12-18 months of tribunal proceedings and £10,000+ in legal costs. Employees who prepare professionally consistently get higher settlements than those who treat it as a chat.
Legal basis
Trade Union & Labour Relations (Consolidation) Act 1992 s.18A (mandatory conciliation); ACAS conciliation guidance; Employment Tribunals Act 1996 (subsequent tribunal jurisdiction).
Step-by-step playbook
1) File ACAS EC online — free, takes 5 minutes. 2) Identify your potential claims and legal basis: unfair dismissal (ERA s.94-98), discrimination (EqA), whistleblowing (ERA s.103A), breach of contract, etc. Be specific. 3) Calculate loss: notice pay, compensatory award (12-18 months' salary if hard to find new role), pension loss, lost benefits, injury to feelings (Vento bands), holiday accrual. 4) Set your target (80% of best-case tribunal value) and walk-away (60% of best-case). 5) Write a summary for the conciliator: claim, evidence, loss, target. Concise, professional, unemotional. 6) Identify non-financial asks: agreed reference, restrictive covenant release, agreed announcement, retention of equity, pension contributions for notice period. 7) During conciliation: respond promptly to conciliator; don't move below your walk-away; consider one structured counter-offer back-and-forth. 8) If settling: get settlement agreement reviewed by independent solicitor (employer must pay).
Letter / template
Summary brief for ACAS conciliator template: 'Subject: [Your name] v [Employer] — ACAS EC reference [X] **The claim** Unfair dismissal under ERA 1996 s.94-98 [add other claims]. **Background** Employed [from-to] as [role]. Salary £[X]. Dismissed [date] for stated reason: [reason]. **Why the claim is strong** 1. [Procedural failure 1 with evidence] 2. [Procedural failure 2] 3. [Substantive failure: dismissal not within range of reasonable responses] [Add discrimination or automatic unfair dismissal grounds if applicable] **My loss** - Notice pay (unworked): £[X] - Salary during job search (12 months estimated): £[Y] - Pension contributions (1 year): £[Z] - Holiday accrued: £[W] - [Injury to feelings if applicable: £[V]] Total: £[Total] **Settlement target** £[Target] plus: - Agreed positive reference (factual + commendation, annexed) - Release from non-compete (or reduction to [N] months) - Mutual non-disparagement - Agreed internal announcement **Process** I am represented by [name/firm/self]. I am available for a conciliator call on [dates/times]. Yours sincerely, [Your name]'
What NOT to do
Don't: enter ACAS without a calculated loss figure; reveal your walk-away number; show emotional desperation (gives leverage to employer); accept settlement without independent solicitor review; let the conciliator pressure you into a poor outcome; ignore non-financial terms (reference, covenants); allow the employer to delay past the 6-week limit without extending; sign anything during the conciliation period — the actual agreement is post-conciliation.
Worked example
Hannah's claim was unfair dismissal + sex discrimination after she was dismissed during maternity. Her ACAS prep: calculated loss at £52,000 (12 months' salary + injury to feelings + lost benefits), target £45,000, walk-away £30,000. Conciliator's first response from employer: £8,000. Hannah held firm at £45,000 with detailed legal grounds. After 4 weeks of structured back-and-forth, settled at £38,000 + agreed reference + 6-month non-compete release. Without the structured prep, the £8,000 'might have looked like a win'.
Recruiter pro tip
The phrase that wins most ACAS settlements: 'My calculated loss is £X based on [components]. My target is 80% of that. Below that, I will issue tribunal proceedings.' This signals: you've done the maths, you know your rights, you'll follow through. Most employers move significantly when they see a numbers-based, legally-grounded position. Conciliators also work harder when they see a clear deal architecture rather than emotional negotiation.
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