25th November 2025
Changes To ACAS Early Conciliation: What Employers Need To Know
The maximum period for ACAS Early Conciliation is to soon double on 1st December 2025 from six weeks to twelve weeks under the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025. This is a considerable procedural shift that will impact both employees and employers.
Before we delve into the implications of this change further, let’s first examine what ACAS Early Conciliation is…
ACAS Early Conciliation
ACAS Early Conciliation is a service provided by the Advisory Conciliation and Arbitration Service (known as “ACAS”). The Early Conciliation service helps employees and employers to resolve workplace disputes without going to the Employment Tribunal.
Importantly, if an individual wishes to bring a claim to the Employment Tribunal, they must first notify ACAS, who will then speak to both parties to try and reach a settlement. While the requirement to contact ACAS is mandatory, the participation in settlement discussions is entirely voluntary, free and confidential.
In the majority of cases, Employment Tribunal claims must be brought within three months of the event of which the individual is making the claim. For example, an incident of harassment.
However, when ACAS Early Conciliation is entered, this pauses the three-month time limit. If it is the case that no settlement can be reached (called a “COT3 agreement”) during the conciliation period, the individual will be issued with an Early Conciliation certificate. The number that is included on this certificate must be used to file the Employment Tribunal claim form (called an “ET1”).
This doubling of the maximum time for ACAS Early Conciliation was decided with the hope of easing the pressure on ACAS itself as well as the Employment Tribunal. Specifically, their resource constraints and the rising number of complex cases. According to the Law Society, the number of open cases reached 491,000 in March 2025, representing an 11% increase compared to March 2024.
This upward trend has continued month-on-month, highlighting the growing pressure on the Employment Tribunal system. Consequently, it is hoped that this extended period will give both parties more time for meaningful engagement for potential settlement.
The Government is due to review this change and its effectiveness in October 2026, after which point this change may be amended further. However, in the meantime, we can still look ahead to see what the possible implications are.
Looking Ahead
As we have already examined, doubling the maximum Early Conciliation period should give ACAS greater flexibility to manage caseloads and to allocate conciliators more effectively. While some cases may remain open for longer, this will ultimately ease the pressure on the Tribunal system by encouraging earlier settlements.
However, because Early Conciliation pauses the three-month time limit to bring a claim to the Tribunal, the overall timeframe in which an individual can bring a claim will become significantly longer.
Consequently, if the proposed provision of the Employment Rights Bill to extend the tribunal time limit to six months instead of three comes into force in October 2026, claims could potentially be issued nine months after the original event about which the claim is about.
Resultingly, this extended period will likely increase uncertainty for employers and, as such, underscores the importance of ongoing risk management. In particular, the ability for employers to rely on the passage of time as a risk-management strategy will be reduced. Furthermore, if an individual files a claim 9 or so months after the event, evidence may be harder to retrieve and witness recollection may fade. On the other hand, for employees, this longer period may give them greater time to gather evidence.
Alternatively, one potential benefit for employers is that, by the time a claim reaches the Tribunal, the claimant may have secured alternative employment. Not only can this reduce the level of financial loss that they can claim and limit disputes over potential future losses, but it can also make settlement discussions much more straightforward.
What Can Employers Do Now?
With these changes fast approaching, employers should:
- Review their HR and record-keeping practices, ensuring documents are retained for longer if possible.
- Engage early with potential disputes to avoid prolonged uncertainty.
- Budget appropriately for longer risk periods.
Concluding Thoughts
The extension of ACAS Early Conciliation to twelve weeks represents a deliberate move to ease systemic pressure and to promote earlier settlement. While it offers opportunities for a more considered negotiation, it also lengthens the overall time of the dispute, placing a great amount of uncertainty on employers. Therefore, employers should be prepared to manage this risk over a longer period.
