This fact sheet gives you FACTS and TIPS regarding your rights when considering bringing a claim against your employer. The below information is correct as of January 1st 2025 and was kindly drafted for Pregnant Then Screwed by Law student volunteers from Chester Community Law Project (based within The University of Chester’s School of Law and Social Justice).

 

BRINGING A CLAIM #1

EARLY CONCILIATION AND THE CLAIM FORM

This sheet gives you FACTS and TIPS about early conciliation and about the employment tribunal claim form

FACT: If you want to bring a claim to the employment tribunal you MUST first tell the Advisory Conciliation and Arbitration Service (ACAS) that you want to bring a claim – this is known as ‘early conciliation’. This MUST be done within 3 months minus 1 day of the act complained of (for example, the termination of your employment, or the act of discrimination).

Early conciliation gives you the opportunity to negotiate an agreement with your employer without having to go to the employment tribunal. You cannot complete the employment tribunal claim form (ET1 Form) without ACAS issuing you with an Early Conciliation Certificate.

Key facts about early conciliation:

• You need to submit an Early Conciliation Form to ACAS by completing an Early Conciliation Form

• It is crucial to submit your Early Conciliation Form in time

• Early conciliation can last up to 6 weeks

• It involves an ACAS officer speaking to you and your employer separately in order to try and resolve your complaint, without having to go to the employment tribunal

• If an agreement can’t be reached, ACAS will issue an Early Conciliation Certificate. ACAS should also tell you the deadline for submitting your claim to the tribunal: this is a formal deadline and must be complied with

• The Early Conciliation Certificate is crucial – you must insert the number on this certificate into the ET1 form that you use to make a claim to the tribunal

TIP: You do not have to actually engage in the early conciliation process if you do not want to. The process of ACAS early conciliation is entirely voluntary – it is only mandatory to tell ACAS that you intend to make a claim. This means that either you or your employer can refuse to participate in the process, so the Early Conciliation Certificate could be issued very quickly.

FACT: Once you have an Early Conciliation number, you need to make your complaint to the employment tribunal on a form called an ET1. A PDF version of the ET1 form can be found here: ET1 Form. You can also make a claim online through this link: Employment Tribunal Online Claim Form

TIP: Any period of early conciliation ‘stops the clock’ on the time limit for bringing the claim (for example, if the time limit would run out on 5 October, but the period of early conciliation lasts seven days, then the new date to submit your claim to the tribunal would be 12 October). ACAS should tell you the deadline for submitting your claim to the tribunal when they issue your Early Conciliation Certificate.

TIP: Explain your claim in as much detail as possible. This shows the employer the strength of your claim (which may encourage them to offer to settle your claim without going to the Employment Tribunal) and encourages them to reply with a full response, so you can see the strength of their defence.

FACT: You must decide what you hope for if your claim is successful:

If you are making a claim for unfair dismissal, you can ask:

• For compensation; and

• To be reinstated (put back into the same job with your same employer); or

• To be re-engaged (put into the same job in a different group company, or into a different job with the same employer)

TIP: You need to think carefully about this – you need to decide whether it is realistic to go back into your old working environment.

If you are making a discrimination claim, you can ask for:

• Compensation; and

• A declaration (that you have been discriminated against); and

• A recommendation (that the employer must do something that reduces the likelihood of discrimination recurring, e.g. change its policies, or provide training)

FACT: Your ET1 form will be checked by the Tribunal staff and if it is valid, you will be allocated a case number. A copy will be sent to your employer and they will have 28 days to fill in a form called an ET3 in response to your claim.

TIP: If your employer fails to respond in the time given, the Tribunal may give a judgment in your favour: this is called a ‘judgment in default’. It means you have won your case because the employer didn’t present any evidence in response to you.

FACT: Once the Tribunal has accepted the ET3 form, an Employment Judge (the person who decides the tribunal claim) will then review both the ET1 form and the ET3 form. Then you will either:

• be given a date for your final hearing and a set of ‘Directions’ (a list of what needs to be done and by when); or

• be asked to attend a preliminary hearing.

 

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