2.Main Content
Acas conciliation
This page contains information about the Advisory, Conciliation and Arbitration Service (Acas), including:
What it does
Advantages and disadvantages
Which complaints are eligible and which are not?
Cost
Timescale
Procedure
Outcomes
Acas mediation
What it does
The Advisory, Conciliation and Arbitration Service (Acas) is an independent body with a statutory duty to help resolve employment disputes. It provides collective conciliation in disputes between unions and employers over issues such as wages and employment conditions, and also offers conciliation in individual employment rights disputes.
In Northern Ireland, the Labour Relations Agency (LRA) performs essentially the same functions as Acas does in England, Wales and Scotland.
Acas offers the following services to individuals:
- conciliation to resolve claims (or potential claims) to an employment tribunal
- mediation to resolve conflicts where there is no tribunal claim
- arbitration to resolve unfair dismissal claims and disputes over requests for flexible working that could go to an Employment Tribunal
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Advantages of using Acas individual conciliation
- It is free
- It is independent
- It is informal and non-confrontational
- It is private and confidential
- It is voluntary
- It can result in a binding settlement
- It avoids the stress of the legal process
- Conciliators are impartial and do not take sides
- The conciliation process will not affect the outcome of your case if you eventually go to tribunal
- You can discuss the strengths and weaknesses of your case in a safe environment
- Settlements can include elements not available at tribunal, for example references and agreements to return property
Disadvantages of using Acas individual conciliation
- There is no sanction on either side for not conciliating, and it can be difficult to get some parties to agree to conciliate
- Complainants might not get an opportunity to meet with their employer face-to-face, as most conciliation take place by telephone
- Settlement requires the consent of both parties
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Which complaints are eligible and which are not?
Nearly all disputes where there is a right to go to the Employment Tribunal are eligible, including:
- unfair dismissal
- wages claims
- breach of contract
- working time
- sex discrimination
- race discrimination
- disability discrimination
- equal pay
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Cost
Acas conciliation is free to employers and employees.
Generally, parties' legal and other expenses will not be reimbursed. Acas will provide interpreters, signers or communicators if necessary and meet the costs.
Note on advice: A common misperception is that Acas officers will advise complainants or act on their behalf. They will not. Complainants should get independent legal advice before proceeding. Unfortunately, legal representation is not available for employment claims under Legal Aid in England and Wales, but Legal Help, in the form of advice and assistance in making a claim, is available to eligible clients, as is advice and assistance in Scotland.
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Timescale
In claims of discrimination or whistle-blowing, conciliation can continue until a case has been decided by a tribunal. Since October 2004 conciliation has been limited to a fixed period in all other cases, to try to avoid parties leaving their negotiations until the last minute before the tribunal hearing.
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Procedure
There are two ways Acas conciliators get involved in employment disputes:
- When a claim eligible for conciliation is submitted to the tribunal it is automatically copied to Acas, and a conciliator will contact the parties. The advantage of this method is that the complaint is in the system and may end in a tribunal hearing. The complainant does not risk exceeding the three-month time limit for lodging a claim with the tribunal.
- Before a claim goes to the tribunal either party can contact ACAS and ask them to conciliate. An advantage of this approach is that it can encourage settlement before attitudes become too hardened. It might, for example, make reinstatement more feasible. A disadvantage, however, is that it is sometimes difficult to persuade the other side to conciliate without the threat of a tribunal hearing looming.
Complainants should be aware that if they choose this second route they are responsible for ensuring that they do not exceed the time limit for lodging a claim at the tribunal.
The conciliation officer works with both parties, usually over the telephone, to try to help them come to a mutually acceptable resolution. The conciliation officer must remain impartial at all times, but can:
- explain tribunal procedures and the tribunal's approach to hearing cases
- explain the relevant employment law and case law if appropriate
- help the parties establish the facts
- ensure each party has heard the other side's perception and views
- convey offers and explore the feasibility of different settlement options
Acas officers will not judge cases or attempt to predict the outcome of a tribunal hearing.
If a binding agreement is reached, the conciliation officer will inform the tribunal and record the terms of settlement. This is signed and dated by the parties, and both parties and Acas retain a copy. If no agreement is reached that is acceptable to both parties and the claim is not withdrawn, it will proceed to the tribunal hearing.
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Outcomes
A conciliated agreement is not an imposed decision but is entirely the responsibility of the parties involved. There is great flexibility in the way the settlement can be structured, and settlement can be on any terms as long as they are legal and acceptable to both sides. Although most settlements are for a sum of money, many include other elements, such as provision of a reference for future employment. Other outcomes that are less common but possible are the return of property, changes in practice or procedure and even (rarely) reinstatement or re-engagement.
In claims concerning unfair dismissal or flexible working, the parties can agree to have the case decided by an Acas arbitrator as an alternative to a tribunal hearing; see Acas arbitration.
Once a conciliated agreement has been reached, it is binding between the parties, even if it is not yet in writing. Once this happens, the complainant cannot choose to take the claim to a tribunal.
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Acas mediation
Acas mediation can be used to deal with conflict or disputes between colleagues, or between employees and managers, where the issue has not yet reached the stage of a tribunal claim. It can also deal with conflict within or between teams. Acas does make a charge for this service.
The advantages of Acas mediation include:
- Most kinds of workplace disputes can be mediated
- It focuses on maintaining the employment relationship
- It is voluntary - all those involved make an informed choice about whether or not to take part
- Those involved decide what will go into any agreement
- It can be used before, during or after formal grievance or other procedures
- It can be less stressful than formal procedures
- It brings the people involved in the dispute together to talk face-to-face
- Acas mediators are independent and impartial
- It is private, and the mediator will keep what is said confidential unless agreed otherwise
- Parties retain the right to take the case to an employment tribunal if mediation is not successful
The disadvantages of Acas mediation include:
- It can be difficult to get some people to agree to mediate
- Some situations are not suitable for mediation - for example, where the parties want someone to judge who is right or wrong, or where there are serious allegations that require investigation and possible disciplinary action
- Any agreement reached is not legally binding
- Because it is confidential, wider problems might not be brought to the attention of the organisation
Acas mediation was first piloted in 2003, and you can read a summary of the research into the pilot in the ADR Research section of this site.
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March 2007
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