Why Can’t ACAS Represent Me at the Employment Tribunal?

What is ACAS?

ACAS (Advisory, Conciliation and Arbitration Service) is a UK government-funded organisation that provides impartial advice and assistance to employers and employees concerning employment disputes.

ACAS gives employees and employers free, impartial advice on workplace rights, rules and best practices.

ACAS is also utilized before an Employment Tribunal claim is commenced.

During the Early Conciliation process, an ACAS officer is assigned the matter and acts as the mediator between the parties.

50% of the time, the matter is resolved between the parties, settlement agreements are issued, or an Early Conciliation certificate is issued to pursue a Tribunal claim.

Why ACAS can’t help with Litigation?

While ACAS can provide valuable guidance and support throughout the process of an Employment Tribunal, they do not have the authority to directly represent individuals in such tribunals.

Employment Tribunals are intended to be neutral tribunals that allow both the employee and the employer to tell their side of the story and argue their respective positions.

Individuals have the right to represent themselves before these tribunals and obtain legal representation from their Solicitor/Barrister or a trade union representative if they so choose.

ACAS is not authorised to function as a party's legal representation; nonetheless, it can assist the process, provide information on rights and duties, and encourage mediation between the parties.

Employment tribunals are intended to function as neutral entities in which both the employee and the employer may present their respective sides of the dispute.

It allows both parties to present their arguments and evidence independently, with the opportunity to cross-examine witnesses and make legal submissions. This way, individuals have the freedom to choose their own representative or represent themselves if they prefer.

How we can help

If you require representation in an Employment Tribunal, get in contact with our employment Solicitors, who will be more than happy to assist you.

They can provide you with expert guidance, help prepare your case, and represent your interests throughout the tribunal process.