Employment Tribunals Act 1996, section 18A

Requirement to contact ACAS before instituting proceedings

PART I Employment Tribunals

(1) Before a person (“the prospective claimant”) presents an application to institute relevant proceedings relating to any matter, the prospective claimant must provide to ACAS prescribed information, in the prescribed manner, about that matter.

This is subject to subsection (7).

(2)On receiving the prescribed information in the prescribed manner, ACAS shall send a copy of it to a conciliation officer.

(3)The conciliation officer shall, during the prescribed period, endeavour to promote a settlement between the persons who would be parties to the proceedings.

(4)If—

(a)during the prescribed period the conciliation officer concludes that a settlement is not possible, or

(b)the prescribed period expires without a settlement having been reached,

the conciliation officer shall issue a certificate to that effect, in the prescribed manner, to the prospective claimant.

(5)The conciliation officer may continue to endeavour to promote a settlement after the expiry of the prescribed period.

(6) In subsections (3) to (5) “settlement” means a settlement that avoids proceedings being instituted.

(7)A person may institute relevant proceedings without complying with the requirement in subsection (1) in prescribed cases.

The cases that may be prescribed include (in particular)—

  • cases where the requirement is complied with by another person instituting relevant proceedings relating to the same matter;

  • cases where proceedings that are not relevant proceedings are instituted by means of the same form as proceedings that are;

  • cases where section 18B applies because ACAS has been contacted by a person against whom relevant proceedings are being instituted.

(8)A person who is subject to the requirement in subsection (1) may not present an application to institute relevant proceedings without a certificate under subsection (4).

(9)Where a conciliation officer acts under this section in a case where the prospective claimant has ceased to be employed by the employer and the proposed proceedings are proceedings under section 111 of the Employment Rights Act 1996, the conciliation officer may in particular—

(a)seek to promote the reinstatement or re-engagement of the prospective claimant by the employer, or by a successor of the employer or by an associated employer, on terms appearing to the conciliation officer to be equitable, or

(b)where the prospective claimant does not wish to be reinstated or re-engaged, or where reinstatement or re-engagement is not practicable, seek to promote agreement between them as to a sum by way of compensation to be paid by the employer to the prospective claimant.

(10) In subsections (1) to (7) “prescribed” means prescribed in [F193 regulations made by the Secretary of State F193] .

(11)The Secretary of State may by F194... regulations make such further provision as appears to the Secretary of State to be necessary or expedient with respect to the conciliation process provided for by subsections (1) to (8).

(12)[F195 The regulationsF195] may (in particular) make provision—

(a)authorising the Secretary of State to prescribe, or prescribe requirements in relation to, any form which is required by [F196 the regulationsF196] to be used for the purpose of providing information to ACAS under subsection (1) or issuing a certificate under subsection (4);

(b)requiring ACAS to give a person any necessary assistance to comply with the requirement in subsection (1);

(c)for the extension of the period prescribed for the purposes of subsection (3);

(d)treating the requirement in subsection (1) as complied with, for the purposes of any provision extending the time limit for instituting relevant proceedings, by a person who is relieved of that requirement by virtue of subsection (7)(a).

Definitions used in section 18A 7

relevant proceedings

(1) In this section and sections 18A to 18C “relevant proceedings” means employment tribunal proceedings—

(a)under section 66, 68A, 70C, 87, 137, 138, 145A, 145B, 146, 168, 168A, 168B, 169, 170, 174, 189 , 192 or 236A of, or paragraph 156 of Schedule A1 to, the Trade Union and Labour Relations (Consolidation) Act 1992,

(b)under section 11, 23, 27K, 27N, 34, 63I, 70, 70A, 80(1), 80H, 93, 111, 163 or 177 of the Employment Rights Act 1996, or under Part 5 or 6 of that Act,

(c)under section 11 ... or 24 of the National Minimum Wage Act 1998,

(d)under section 56 of the Pensions Act 2008,

(e)under section 120 or 127 of the Equality Act 2010,

(f)under regulation 11 of the Safety Representatives and Safety Committees Regulations 1977,

(g)under article 6 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994,

(h)under article 6 of the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994,

(i)under paragraph 2 of Schedule 2 to the Health and Safety (Consultation with Employees) Regulations 1996,

(j)under regulation 30 of the Working Time Regulations 1998,

(k)under regulation 27 or 32 of the Transnational Information and Consultation of Employees Regulation 1999,

(l)under regulation 8 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000,

(m)under regulation 7 or 9 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002,

(n)under regulation 26 of the Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58).

(o)under regulation 15 of the Flexible Working (Procedural Requirements) Regulations 2002,

Defined in s.18(1) · see it in the full Act
ACAS

“ACAS” means the Advisory, Conciliation and Arbitration Service,

Defined in s.42(1) · see it in the full Act
conciliation officer

“conciliation officer” means an officer designated by ACAS under section 211 of the Trade Union and Labour Relations (Consolidation) Act 1992 ,

Defined in s.42(1) · see it in the full Act
employed

“employment” means employment under a contract of employment and “employed” shall be construed accordingly,

Defined in s.42(1) · see it in the full Act
employer

“employer”, in relation to an employee, means the person by whom the employee is (or, where the employment has ceased, was) employed,

Defined in s.42(1) · see it in the full Act
successor

“successor”, in relation to the employer of an employee, means (subject to subsection (2)) a person who in consequence of a change occurring (whether by virtue of a sale or other disposition or by operation of law) in the ownership of the undertaking, or of the part of the undertaking, for the purposes of which the employee was employed, has become the owner of the undertaking or part, ...

Defined in s.42(1) · see it in the full Act
associated employer

and “associated employer” shall be construed accordingly.

Defined in s.42(3) · see it in the full Act

Cases considering section 18A 33

Elizabeth Reynolds v Abel Estate Agent Ltd & Ors

[2025] EWCA Civ 1357 · 27 October 2025Interprets

Interprets section 18A as imposing a mandatory precondition to the institution of relevant proceedings. Substantive failure to invoke early conciliation means that the Tribunal has no jurisdiction to entertain the claim. (see paras [47]-[62], [71]) Requires a prospective claimant to provide prescribed information to ACAS before presenting an application to institute relevant proceedings. The obligation is a statutory precondition to institution, not merely a personal procedural obligation. (see paras [17], [19], [50]-[56], [84]-[90]) Cited only. Provides the statutory authority for employment tribunal procedure regulations concerning the conciliation process. (see paras [17], [20]) Cited only. Cited only. Provides the statutory basis for issuing an early conciliation certificate when settlement is impossible or the prescribed period expires. (see paras [17], [19], [22]) Permits prescribed exemptions from the early conciliation requirement, including exemptions relevant to proceedings instituted in prescribed circumstances. (see paras [17], [20]-[21]) Prohibits a person subject to the requirement from presenting relevant proceedings without an early conciliation certificate. The prohibition correspondingly deprives the Tribunal of power to entertain proceedings brought without compliance. (see paras [19], [44], [50]-[62], [71])

Sainsbury's Supermarkets Limited v Marcia Clark & Ors.

[2023] EWCA Civ 386 · 6 April 2023Interprets

Section 18A requires a non-exempt claimant to complete early conciliation and obtain a certificate before instituting proceedings. Actual failure to do so is a substantive jurisdictional defect, unlike an error in entering a certificate number where those requirements were met. (see paras [44]; [51])

Abel Estate Agent Ltd & Ors v Elizabeth Reynolds

[2025] EAT 6 · 20 January 2025Interprets

Section 18A(1) imposes an obligation to provide prescribed information to ACAS. The obligation is to consider using early conciliation and does not itself affect the Tribunal’s competence to hear a claim. (see paras [31]; [34]) Section 18A(8) prohibits a prospective claimant from presenting relevant proceedings without a certificate. It is directed to the claimant and does not create an absolute bar to the Employment Tribunal determining a claim received without one. (see paras [32]-[36])

13 more judgments, and what each says about section 18A, are in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F192Ss. 18A, 18B inserted (25.4.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 7(1), 103(1)(i)(3); S.I. 2014/253, art. 3(a)(b) (with arts. 4, 5)
  2. F193Words in s. 18A(10) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 15(2); S.I. 2024/568, reg. 2(b)(iii)
  3. F194Words in s. 18A(11) omitted (25.4.2024) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 15(3); S.I. 2024/568, reg. 2(b)(iii)
  4. F195Words in s. 18A(12) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 15(4)(a); S.I. 2024/568, reg. 2(b)(iii)
  5. F196Words in s. 18A(12)(a) substituted (25.4.2024) by Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 5 para. 15(4)(b); S.I. 2024/568, reg. 2(b)(iii)