On 9th December 2004 the EAT President issued an "Employment Appeal Tribunal Conciliation Protocol", along with new EAT practice directions (as to which see notes at Employment Appeal Tribunal/2004 Practice Direction on procedure ). This was a trial which was originally for 4 months from 1st January 2005.

It was announced in June 2007 that a permanent arrangement was now operational under which cases could be referred to ACAS by the EAT. It is expected that these would include notably cases where the parties employment relationship is ongoing, cases which could be referred back to the employment tribunal and appeals relating to monetary awards (2007/06/29 ACAS Press Release "ACAS widens its conciliation service to Tribunal appeal cases").

The effect is that where the EAT considers that an appeal before it may be amenable to conciliation, it will consider referring the matter to ACAS to see if settlement can be reached by conciliation. The original trial version was intended to be applicable mainly in cases where an appeal to the EAT included an allegation that the original tribunal was biased in coming to the decision against which the appeal is made, but it was said that it might also be relevant to appeals "..... relating to monetary awards only, or where the overwhelmingly likely result of a successful appeal would be a remission to the ET".

See also notes at Human Rights/fair trial .