Does early conciliation stop the clock Understanding section 207B ERA 1996)

Does early conciliation stop the clock? The simple answer is "Yes" but you need to understand how it works in order to avoid an otherwise well-founded case ending out of time.

This is the second step in calculating the time limit for an unfair dismissal claim.

In the first section, we explained how to establish the Effective Date of Termination (EDT) — the date when the tribunal time limit clock starts ticking. If you haven’t read that yet, start here: Time Limits for Unfair Dismissal | When EDT Time Starts and How to Extend It.

Once you know your EDT, the next step is to apply section 207B ERA 1996 — the rule that tells us how Acas Early Conciliation (EC) affects time limits.

👉 In some situations, this can extend the time limit well beyond the normal three months. We explain how these “extreme” extensions work, but please read the disclaimer at the end — they are for knowledge, not a tactic.

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Does early conciliation stop the clock ? - Yes under s.207B ERA 1996 Say?

• When you notify Acas of a dispute, the normal three-month clock is paused (the time spent in conciliation is disregarded).

• When Acas issues the certificate, the clock resumes.

• If your original deadline would have expired during conciliation, the law gives you at least one extra month from the date of the certificate.

This is why properly calculating the EDT (Part 1) is so important — it sets the baseline before you apply the Acas adjustment.

Common confusion that can kill your claim !

Many people try to stack both rules. Don’t do it !

Section 207B uses the word “instead” to keep them separate:

• If your original limit would NOT expire between one day after you registed with ACAS and within one month after you recived certificate, use sub-section (3) rule only: disregard the time spent in ACAS and resume your time limit.

• If your original limit Ended between one day after you registed with ACAS and within one month after you recived certificate use sub-section (4) rule instead instead rule (3) : your deadline is then one calerdar month from the day you recived certificate end of that one-month-after-Day-B period. Do not try to “resume” leftover days in this scenario.

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Textbook Example Rule 3

👉 Dismissed at a hearing on 1 August, proper communication vs P45 10 August.

• The EDT = 1 August, P45 is ignored for the purpose of unfair dismissal - confused? Read how EDT is calculated

• Original time limit = 31 October (three months minus one day)

• Employee notifies Acas on 7 August.

• Certificate issued on 14 August (1 week later) (employer refused early conciliation)

  Result: The original deadline would not end either during the ACAS nor one month after the certificate was issued. Because the certificate was issued on 14 August, adding one calendar month takes us to 14 September, and the original deadline expires on 31 October.

• The one week in Acas is disregarded but not added on top of the normal time limit.

• So, the new deadline moves from 31 October to 7 November.

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Extreme / Textbook Example rule 4

👉 Same: Dismissed at a hearing on 1 August, proper communication vs P45 10 August.

• Still the same EDT = 1 August

• Original time limit = 31 October (three months minus one day)

• Employee notifies Acas on 28 October. One day before original deadline ends.

• ACAS early conciliation lasts six weeks and ends on 9 December.

• The original deadline would have ended during the ACAS and within one month after the certificate was issued. Therefore, rule 4 applies - one month tail

• The new deadline is 9 January.

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Confusing Example Rule 4

👉 Same: Dismissed at a hearing on 1 August, proper communication vs P45 10 August.

• Still the same EDT = 1 August

• Original time limit = 31 October (three months minus one day)

• Employee notifies Acas on 1 September

• ACAS early conciliation lasts five weeks and ends on 6 October. 

• The original deadline would not have expired during ACAS, but one month after 6 October takes us to 6 November, so it would have expired within one month after the certificate was issued, so Rule 4 applies and changes the deadline to 6 November.

• If you used 5 weeks to stop the clock (35 days you spent in ACAS instead of 31 one calendar month) and made the employment tribunal claim outside that one calendar month from the date of issuing the certificate, you would be out of time.

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Key Takeaway

• Step 1 = Calculate your EDT (see Part 1 here).

• Step 2 = Apply s.207B ERA 1996 to adjust for Acas conciliation.

• Time in Acas is not always disregarded; mind either rule 3 or 4. Do not mix them.

• If your original deadline would expire during conciliation or within one month from the certificate, you get one extra month regardless of whether you spent six weeks in Acas.

👉 Next step: UDO explains what happens if you missed the deadline altogether and need to argue that it was “not reasonably practicable” to claim in time.

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⚠️ Disclaimer on Extreme Extensions

The “extreme” examples above show how rule 4 under section 207B ERA 1996 can sometimes extend time limits by more than a month. This example has been included here for your knowledge — not for abusing the law to extend deadlines from 31 October to 9 December.

Such extensions should not be used as a way of abusing the system. In some cases, advisers may consider complex time calculations as part of a broader legal strategy, but this carries risks. Relying on technical extensions can cause otherwise valid claims to fall out of time, or distract from the real issues in the case. You may face additional costs even if your calculation is right, as employers usually by default resist it, which most likely ends with an additional preliminary hearing.

👉 UDO does not encourage using “extreme” time calculations as a tactic. They are explained here only so employees understand how the rules operate, and so they are prepared if a respondent tries to argue that a claim is out of time.