When an employee wants to make a claim to an Employment Tribunal, they must first notify ACAS. This triggers a process known as ACAS early conciliation. The government has recently announced significant changes to this process, which will have practical implications for employers.
What is ACAS Early Conciliation?
ACAS early conciliation is a mandatory step before an employment tribunal claim can be made. When a party notifies ACAS of their intent to file a claim, ACAS offers to facilitate a discussion. A conciliator works with both parties to help them reach a legal agreement, aiming to avoid the need for an Employment Tribunal.
While notifying ACAS is compulsory, neither party is required to actively participate in the conciliation process itself.
What are the Changes to the Timescales?
Currently, the early conciliation period lasts for a maximum of 6 weeks. However, on November 5, 2025, the Government published the draft Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025.
These new regulations state that the period for early conciliation will be increased from 6 weeks to 12 weeks. This extended timescale for ACAS early conciliation is expected to come into force on December 1, 2025.
What Are the Practical Implications for Employers?
The extension of the ACAS early conciliation window could have several effects on how disputes are managed.
ACAS has noted that its early conciliation service is very busy, sometimes taking around five weeks just to begin the process. This leaves limited time for meaningful negotiation. It is hoped that extending the window to 12 weeks will allow for better engagement between parties and ultimately reduce the number of claims that reach an Employment Tribunal. There will be more time for both sides to prepare and potentially resolve the dispute. On the other hand, it could also lead to more protracted negotiations.
The Impact of Future Legislative Changes
Another key development is the proposed Employment Rights Bill. This bill suggests that in October 2026, the time limit for employees to bring an Employment Tribunal claim will extend from 3 months to 6 months.
When you consider this alongside the extension of the early conciliation window to 12 weeks, it could result in employers being unaware of a potential claim for up to nine months. This does not even factor in further delays within the Employment Tribunal system itself.
These extended timelines mean that final hearings could be scheduled a long time after a claimant’s employment has ended. This delay could impact witness evidence, as memories fade and key witnesses may move on to new employment.
Therefore, it is crucial for employers to keep accurate, detailed records. You must be alert to situations where a potential claim could be made against your business. To learn more about the upcoming changes to tribunal time limits, you can read our related blog, “Extending employment tribunal time limits.”
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