ACAS early conciliation for gig worker claims

What it is

ACAS Early Conciliation is the mandatory first step before most UK employment tribunal claims. Before you can lodge a tribunal claim for minimum wage shortfall, holiday pay, unlawful deduction of wages, discrimination, detriment or whistleblowing, you must notify ACAS and give them a chance to try settling the dispute. The strict time limit is three months minus one day from the act you are complaining about. For a Uber deactivation, that is three months minus one day from the date Uber cut off your access. The clock pauses during conciliation but the underlying deadline is not extended by much.

How it applies to gig workers

For Uber drivers treated as workers after Uber BV v Aslam [2021] UKSC 5 and Addison Lee drivers after the January 2025 and March 2026 tribunal rulings, ACAS Early Conciliation is the gateway for any unfair dismissal-style claim around deactivation, any NMW top-up or holiday pay shortfall, any pension auto-enrolment failure, and any whistleblowing or detriment complaint. The three-months-minus-one-day rule is unforgiving. Miss it by a day and the tribunal usually loses jurisdiction.

Take a 22 year old Uber driver deactivated on 10 December 2025 for alleged fraud. She appeals in-app, uses her dashcam footage as evidence, and gets a "decision upheld" reply on 21 December 2025. Her ACAS clock did not restart; it still runs from 10 December 2025, so the last safe date to notify ACAS is 9 March 2026. She joins a union, gathers pay statements, working-time records and Uber messages, and contacts ACAS by 1 March 2026 to give a buffer. ACAS opens an Early Conciliation file, contacts Uber's legal team, and tries to broker a settlement. If Uber refuses, ACAS issues an Early Conciliation certificate and the driver has a limited window to file the tribunal claim.

For Deliveroo riders, the position is trickier because IWGB v CAC [2023] UKSC 43 means riders are not workers for union recognition. But discrimination under the Equality Act 2010, trade union victimisation arguments and some detriment claims may still survive, and those still run through ACAS with the same three-months-minus-one-day rule. Non-payment of minimum wage specifically can go either to HMRC or to a tribunal via ACAS, but ACAS says you generally must choose one route for the same underpayment. HMRC can go back six years and fine the employer; the tribunal can only go as far as the time limit allows but can also deal with other linked claims.

What you should do about it

• Note the exact date of deactivation, termination, detriment or underpayment — that is day one of the clock.
• Put a calendar reminder for two and a half months after that date to contact ACAS with a buffer.
• Gather evidence before you call ACAS: pay statements, screenshots, in-app messages, dashcam or GPS records.
• Use the ACAS notification form online or phone 0300 123 1100, not a vague support email.
• Decide with your union or lawyer whether the better route is HMRC (for NMW only) or tribunal via ACAS (for the full package).

Last reviewed

19 April 2026

Internal links this page emits:

• tribunal time limits explained
• worker status for rights
• calculate your ACAS deadline
• ACAS briefing template
• just deactivated — what now

Primary source used:

• C:\Users\thest\Documents\GigKiln\Research\S3-rights\3.4-worker-rights.md
• C:\Users\thest\Documents\GigKiln\Research\Gap\G1.1-uber-appeal-process.md