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Using conciliation in workplace disputes

Conciliation is simply a form of mediation that takes place if:

• you have already made a claim to an Employment Tribunal
• you believe you may be entitled to make a claim to an Employment Tribunal

In these circumstances, Acas can offer a free service to help to settle a claim or potential claim.

In both conciliation and mediation, an independent and impartial outsider discusses the issues in dispute between you and your employer. This is sometimes done separately, sometimes together, with a view to coming up with a solution you can both accept.

Conciliation is voluntary. Both you and your employer have to agree to conciliation before it can happen. The conciliator has no power to impose their own solution.

The decision of an Employment Tribunal is not affected by your decision to try conciliation. An Employment Tribunal will not reach a decision based on whether and how hard you have tried to resolve the problem in conciliation.

On the other hand, there is nothing to be lost by trying to resolve matters through conciliation. As well as avoiding the stress and the potential cost of going to an Employment Tribunal, other possible benefits include:

• getting a better understanding of the issues
• reaching a solution on your own terms
• getting a settlement that can include things that won't be covered in an Employment Tribunal judgment, eg getting a good reference
  
  

• Employment Tribunals: an introduction

When to use Acas conciliation

When you make an Employment Tribunal claim, the Employment Tribunal sends a copy to Acas. A conciliator will contact you and your employer (or their representatives, if any have been appointed) to offer free conciliation.

Acas can provide conciliation sooner than that. If a problem has reached the point where you feel you are likely to make a claim, either you or your employer can ask Acas to conciliate.

This early conciliation service (Acas calls it 'pre-claim conciliation') may be able to help you and your employer find a way of settling the matter. This will avoid the need for an Employment Tribunal claim.

Pre-claim conciliation is a free service available to you and your employer in appropriate circumstances. If you want to find out whether this service may be suitable for your situation, contact the Acas Helpline.

• Acas Helpline contact details

• Acas pre-claim conciliation Opens new window

Northern Ireland

Northern Ireland has its own separate conciliation services. You can find out more about these from the nidirect website.

• nidirect - Employment Opens new window

Where to get help

Acas offers free, confidential and impartial advice on all employment rights issues.

• Acas (Advisory, Conciliation and Arbitration Service)

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

• Citizens Advice Bureau

If you are a member of a trade union, you can get help, advice and support from them.

• Joining a trade union

Useful contacts

• Acas (Advisory, Conciliation and Arbitration Service)

• Citizens Advice Bureau

• Jobcentre Plus

• businesslink.gov.uk Opens new window

• More useful contacts