Is it possible for a potential claimant to lodge a claim with an employment tribunal without first notifying Acas through the early conciliation process?

A potential claimant cannot lodge a claim with an employment tribunal without first notifying Acas through the early conciliation process, other than where one of the exceptions applies.

A potential claimant is not required to notify Acas if someone else who is bringing the same claim on the same tribunal claim form has already done so through the early conciliation process, or where the employer has already made its own notification about the dispute to Acas, using the early conciliation process.

Other exceptions to the rule that a claimant must notify Acas before making a claim include:

  • claims where the employee is claiming reinstatement pending the hearing of his or her claim (which is possible only in rare cases);
  • claims against various national security agencies;
  • claims against the National Insurance Fund where an employer is insolvent; and
  • claims brought by one organisation against another.