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How to respond to ACAS early conciliation notification?

The first you may know about a potential employment claim against your company is that an employee or former employee has made an early conciliation notification to ACAS. This would then trigger contact from ACAS to your company.

You are not obliged to take part in early conciliation with ACAS. You may want to take a “wait and see” approach in terms of whether the employee will proceed with a threatened claim. However, you may consider that early settlement is in your company’s best interests to save the time and expense of litigation. We can advise you on immediate tactics at the ACAS early conciliation stage.

If you elect not to take part in ACAS early conciliation, ACAS will issue a certificate with a reference number which the employee would need to enter on any future claim form to confirm that ACAS early conciliation has taken place.

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