Extension to ACAS Early Conciliation period

From 1 December 2025, changes to the ACAS Early Conciliation period will apply to cases notified to ACAS on or after that date. Under the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025, the conciliation period will be extended from the current six weeks to twelve weeks. Claims already in progress before this date will continue to follow the existing six-week rule.

Early Conciliation

ACAS Early Conciliation is a mandatory step that must be taken before most Employment Tribunal claims can proceed. Prospective claimants must notify ACAS and complete this process prior to issuing a claim. The aim is to resolve disputes without formal litigation. An ACAS conciliator will contact both parties to explore settlement options and help reach an agreement. Starting Early Conciliation “pauses the clock” on the statutory time limit for bringing a claim.

Government’s aim

The government’s objective is to ease pressure on ACAS and give parties greater opportunity to resolve workplace conflicts before they eventually reach the Employment Tribunal. This change is being driven by growing demand paired with increasingly complex cases, with the increased rights under the upcoming Employment Rights Bill likely to place additional pressure on the system.

ACAS has reported significant challenges in meeting demand, with it often taking up to four weeks to contact parties. This leaves less than two weeks for conciliation within the current six-week window, and in some cases, conciliators have been unable to make any contact at all.

Extending the Early Conciliation period to twelve weeks should allow more time to resolve complex conflicts, with the hope that this will reduce the likelihood of litigation and help to clear the existing Employment Tribunal backlog. It will also indirectly give potential claimant’s more time before they have to issue a claim because of the way Early Conciliation pauses the clock on the statutory time limit.

Potential impacts

The extension of the conciliation period, and therefore the time limit for issuing a claim, along with the current ongoing delays at ACAS and with the Employment Tribunal system, means that employers will have longer to wait to see whether an Employment Tribunal claim is brought against them. Additionally, with some tribunal hearings already scheduled as far ahead as 2028, there is a significant risk that the process could become even more delayed.

For employees, the extended timeframe will offer greater scope to resolve disputes through ACAS before deciding whether to escalate to a formal tribunal claim. It will allow employees additional time to evaluate their case and seek advice.

Under the Employment Rights Bill, from October 2026, the limitation period for most tribunal claims will be extended from three to six months. This, combined with the extended ACAS conciliation period, means that in some cases, employees will have over nine months before a claim must be submitted.

Next steps

The Government has confirmed that it will review the change in October 2026 to decide whether the twelve-week period should remain in effect. Until then employers should be mindful of the increased time potential claimants have to both conciliate and issue a claim.