From 1st December 2025, the maximum period for ACAS Early Conciliation will be extended from 6 weeks to 12 weeks.
From 1st December 2025, the maximum period for ACAS Early Conciliation will be extended from 6 weeks to 12 weeks.
This change comes via the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025 and provides both parties with more time to negotiate and settle potential employment claims.
What does this mean?
As the law currently stands, all prospective claimants must contact ACAS before lodging their claim with the Employment Tribunal. ACAS will then offer Early Conciliation for a period of 6 weeks. If parties are unable to resolve the dispute during this period, or if one party does not engage, ACAS will generate an Early Conciliation Certificate which is required when submitting a claim to the tribunal.
Due to an ongoing increase in Early Conciliation notifications, significant demand has been placed on ACAS’s resources and in turn on the Employment Tribunal system. This has resulted in long delays with the allocation of caseworkers and parties sometimes receiving no direct contact from ACAS until the end of the Early Conciliation period.
The impact on employers
With this period now set to double to 12 weeks, it is hoped that more disputes can be resolved without the need to involve the Employment Tribunal.
Given that Early Conciliation has the effect of ‘stopping the clock’ on tribunal claim deadlines, employers should be aware that this change means that they are likely to face longer periods of uncertainty while Early Conciliation is ongoing. However, if the deadline to notify ACAS of a potential claim falls before the change comes in to force (i.e. before 1 December 2025), the current 6‑week period will still apply.
For advice around the Early Conciliation process and submitting an employment tribunal claim, contact our team on 0151 236 8871.