Can ACAS Help with Unfair Dismissal?
- William Slivinsky
- Sep 14
- 5 min read
Updated: Sep 24
Can Acas help with unfair dismissal? Yes — but only up to conciliation. When you’ve just been unfairly dismissed you need two things fast:
second: tailored advice on your rights and evidence.
Acas does the first brilliantly: it runs Early Conciliation and can explain how the process works. What it doesn’t do is act as your lawyer — it won’t tell you if you’ve got a good case, draft your pleadings, or take sides. And if you’ve been given something that sounds like advice, get a second opinion immediately — do not rely on one source.
In this article I’ll show you a case where Acas misadvised (time limits/automatic unfair dismissal were missed) and another where Acas breached parts of its own Code on discipline— this is exactly why you should use Acas to open talks and stop the clock nothing else, then get specialist advice to protect your claim, or educate yourself if you want to be a litigant in person or cannot afford a solicitor. UDO gives you those tools.
Can Acas help with unfair dismissal — and why this distinction matters
Short answer: yes, Acas helps with Early Conciliation (and pauses the clock). But Acas is not your lawyer. That distinction matters. Even Acas, the body behind the Code of Practice, has been on the wrong side of judgments: in Woods v Acas (2021) the Tribunal found unfair dismissal for process; in Paczkowski v Sieradzka, Acas (among others) missed automatic unfair dismissal/time-limit points; and in Tracey v Acas (2023), long-running holiday/pay errors and an unresolved grievance led themselves to constructive unfair dismissal.
If even Acas can misstep, any employer — or any single helpline summary — can too. Use Acas to open talks and stop the clock; use a specialist (or UDO if you’re going DIY) to protect your case.
Bottom line: Start Early Conciliation. Then double-check dates, parties, and merits with someone who can advise you, personally. Don’t let a strong claim sink for want of clarity, records, or timing.
This article highlights two cautionary cases about Acas:
Woods v Acas (2021): Acas was found to have unfairly dismissed its own employee — showing that even the body that publishes the Code of Practice can fail to follow it.
Paczkowski v Sieradzka: Acas (among other public providers) misadvised an employee, overlooking automatic unfair dismissal and time limits, which nearly sank the claim.
This isn’t Acas-bashing for sport — it’s a reminder to know Acas’s limits. For unfair dismissal claims you must notify Acas to start Early Conciliation, but you should never rely on Acas alone for strategy, deadlines, or legal analysis.
Why this matters ?
Acas writes the Code of Practice, yet in Woods v Acas the Tribunal found Acas didn’t follow their own Code and ruled the dismissal unfair. In Sieradzka, Acas’s advice (alongside others’) missed critical points about automatic unfair dismissal and limitation dates. These aren’t success stories — they’re warning signs: use Acas to open conciliation, then get tailored legal advice fast.
Set your expectations
If you’ve just lost your job and think it was unfair, Acas is a good first stop for information and conciliation. But know the limits: they can explain options and keep talks moving; but they can’t tailor legal advice to your facts or run your claim.
Bottom line: use Acas for conciliation and information; use a lawyer or adviser for strategy and deadlines.
Why these two cases matter
In Woods v Acas (2021), the Tribunal said Acas unfairly dismissed one of its own senior managers because the process fell short. Too much anonymised evidence and shaky appeal process with potencial conflict of interest — these are exactly the sort of missteps the Code is designed to prevent. But even Acas got wrong its own rules.
Go to ➡︎ Mr Woods case summary
In Paczkowski v Sieradzka, Acas and other public services overlooked crucial points: that some dismissals are automatically unfair and don’t need two years’ service, and that deadlines are strict. Relying on that, Mrs Sieradzka missed time limits. The case then turned into an argument about whether that misadvice made it “reasonably practicable” to be late — an avoidable fight that cost time and risk.
Go to ➡︎ Sieradzka case summary
Also recommended reading
Related (constructive unfair dismissal): Ms Tracey v Acas (2023). Months of holiday/leave miscalculations, conflicting payroll messages, and an unresolved grievance led Ms Tracey to resign; the Tribunal held she was constructively unfairly dismissed by Acas and awarded holiday pay. If even Acas can let basic records and clarity slide, any employer can — keep everything in writing and press for a final figure with workings. Go to ➡︎ Ms Tracey case summary with guide
📌 Practical Tip
Get secondary opinion if Acas says your employer did not do anything wrong, it may be the case its Acas who's wrong.
What Acas says about the serives ?
Helpline: “The Acas helpline can explain the law and your options but cannot give ‘legal advice’. This is because we are impartial.” — https://www.acas.org.uk/getting-legal-advice?utm_source=chatgpt.com — Early conciliation (overview): “During early conciliation, Acas cannot give you legal advice” or represent you — we are not a trade union — take your or your employer's side, help you prepare your case for employment tribunal, or tell you if you have a valid case — https://www.acas.org.uk/early-conciliation?utm_source=chatgpt.com — Early conciliation (agreement page): “Acas cannot give legal advice on your dispute.” — https://www.acas.org.uk/early-conciliation/getting-an-agreement?utm_source=chatgpt.com — About Acas (independence/impartiality): “We’re an independent public body… governed by an independent council so we can provide an impartial service.” — https://www.acas.org.uk/about-us?utm_source=chatgpt.com
Does it mean Acas is bad? Not at all - it may be your wrong expectation that makes your case fail.
Acas is an independent public body, and Early Conciliation is compulsory if you want to issue a valid Employment Tribunal claim. The catch is that Acas is impartial and does not give legal advice, so some essentials are still on you. Most failed claims don’t fall over in conciliation—they fall over on three avoidable mistakes.
✓ The 3 mistakes that most often invalidate claims (and how to avoid them):
Miscalculating your EDT (time limit).Miss this and your claim is usually out of time.Go to ➡︎ How to calculate your EDT correctly
✓ Getting “stop the clock” wrong during Early Conciliation.EC pauses limitation — but only if you do it precisely. Go to ➡︎ How to work out ACAS Early Conciliation stops the clock
✓ Naming the wrong employer entity.Suing the wrong legal entity can sink a good case. Go to ➡︎
Acas gives neutral information and runs conciliation. It’s your claim—you’re responsible for the dates, the correct party, and filing on time. The guides above walk you through each step.
What This Means for You
ACAS can help with conciliation. They’re essential for Early Conciliation and can explain the process.
But they are not your lawyer. General information isn’t a substitute for tailored, specialist advice.
Keep evidence of advice. If you rely on advice and it causes you to miss the deadline, you’ll need names, dates, what was said (exact words if possible), and any emails/notes.
Check the adviser’s status.
Non-skilled advice (e.g., helplines, generalist CAB/union reps) can sometimes support a “not reasonably practicable” argument—if your reliance was reasonable and you acted quickly once you realised the mistake.
Skilled adviser (e.g., solicitor, licensed paralegal, union legal officer): tribunals usually treat their mistake as your mistake, so this is a poor ground for extending time. That becomes a matter between you and the adviser, not a reason to extend the tribunal deadline.
Takeaway
Yes—ACAS can help, especially with Early Conciliation and general guidance. But time limits are your responsibility. Don’t rely on general advice alone. Double-check, keep records of who said what, and if in doubt, seek specialist advice quickly. When it comes to tribunal time limits, every day counts.
→ Case analysis with full judgment link:Employment Tribunal Claims – Outside the Time Limits [2]https://www.unfairdismissal.org/post/employment-tribunal-claims-outside-the-time-limits-2
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