After the Acas certificate

Pre-Tribunal Settlement Support

An Acas certificate does not decide whether the claim is strong or weak. Settlement can continue, but negotiation must run alongside the ET1 deadline rather than replacing it.

Protect the claim first

Once early conciliation ends, the certificate number is used for the ET1 and the final limitation calculation must be checked. If Acas was notified in time, there is normally at least one month from receipt of the certificate, but the precise date can be longer or otherwise complicated.

Settlement is still available

Acas conciliation can continue after an ET1 is filed and until judgment. The parties can also negotiate directly. Selected cases may be suitable for judicial mediation, and private mediation is possible where both parties agree.

What ProHearings does

We reassess the evidence and value, prepare a reasoned opening position, manage offers and counter-offers, protect the ET1 timing and explain when the gap no longer justifies continued negotiation.

COT3 or settlement agreement

A COT3 is recorded through Acas. A statutory settlement agreement made directly must meet legal conditions, including advice from a relevant independent adviser. ProHearings will identify when separate qualified independent advice is required and help you arrange it.

If it does not settle

The work should still leave you with a protected deadline, a clearer valuation and a reasoned view of the next stage. ET1 drafting, case preparation and hearing representation are separately scoped services.

Current official guidance

FAQs

01Does a failed early conciliation affect the merits?
No. The certificate records that early conciliation ended; it is not a judgment on the claim.
02Should I file the ET1 while talks continue?
Often the safest course is to protect the deadline, but the right timing depends on the certificate and problem dates. Negotiations do not excuse a late claim.
03Can Acas still help after the certificate?
Yes. Acas can conciliate up to and during tribunal proceedings until judgment.
04Can ProHearings sign off a statutory settlement agreement?
ProHearings is not a firm of solicitors and does not hold itself out as the relevant independent adviser. Where the statutory conditions require qualified independent advice, we will refer that step.
05Do you take a percentage of settlement?
No. The ProHearings fee is fixed and agreed before work begins.

Related ProHearings pages