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From the 1st of December 2025, the ACAS Early Conciliation period is being extended from six weeks to twelve weeks, with the amendment being established by means of The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025.
What is ACAS Early Conciliation, what are the changes and why?
Early Conciliation is a mandatory process which must be followed prior to claims proceeding to the employment tribunal. During the Early Conciliation stage, an ACAS conciliator will aim to negotiate a settlement between both parties to avoid formal proceedings and going to the employment tribunal.
An employee will only be able make a claim to the employment tribunal when the process has finished and the conciliator issues a certificate. During this conciliation period, the time in which employees have to issue proceedings pauses. The government has stated the change from six weeks to twelve for Early Conciliation is being implemented in order to ease the pressure on ACAS. ACAS has struggled to keep up with demand due to the high volume of cases and complexity of early conciliation requests being received. In the most recent annual report, the number of Early Conciliation cases was up 20,000 from the year before. ACAS has also reported that it was taking them a minimum of 4 weeks to contact parties to commence the process. This means that in a large number of cases, the time for conciliation whilst the ‘clock remains stopped’ can be less than 2 weeks. In some cases, ACAS conciliators are not managing to contact parties within the current 6-week period at all.
What will the change mean for employers and employees?
Whilst proving valuable for ACAS, the change will mean that employers may face uncertainty in regard to potential claims for a prolonged period of time, sometimes up to six months or potentially longer in certain cases. Ultimately, this may well lead to an increase in the volume of claims against them as not as many employees will be “time-barred” from issuing proceedings.
For employees they will have a bigger timeframe within which they are able to resolve disputes through ACAS before resorting to a formal employment tribunal claim. Overall, this should mean that it encourages employees to more actively engage with process from the onset, leading to a better overall experience with more time for resolution, improved access to justice and less procedural pressure. It will also give employees more time in which to consider their case and potentially obtain advice.
How Aston Bond can assist and support you
The change in timeframe of the ACAS Early Conciliation process will undoubtedly signify a shift in how employment law cases are run. Whether you are an employee or an employer, you may want to know how these changes affect your rights and your ability to make a claim. At Aston Bond, we understand that employment law is a fast-moving area of law, so we take pride in keeping abreast of all the latest developments, ensuring that our advice to you is accurate, concise and constructive.
If you have any queries, or would like to discuss your situation, please contact our Head of Employment Ilinca Mardarescu.
T: 01753 486 777
E: imardarescu@astonbond.co.uk
