From 1 December 2025, the maximum period for ACAS Early Conciliation will increase from six to twelve weeks. The Government’s stated aim is to ease the growing pressure on ACAS and allow parties greater scope to resolve workplace disputes before they reach the Employment Tribunal.
What is ACAS Early Conciliation?
Before most claims can be brought in the Employment Tribunal, prospective claimants must first notify ACAS (the Advisory, Conciliation and Arbitration Service). ACAS acts as an independent conciliator, helping parties explore whether their dispute can be settled without the need for litigation.
The process begins when the claimant (or respondent) submits an early conciliation form online or provides details by telephone. ACAS will then allocate a conciliator who contacts the claimant or their representative to discuss the issues in dispute and the potential for settlement. If both sides agree, ACAS will facilitate discussions aimed at resolving the dispute. ACAS will issue a certificate at the end of the conciliation period (or before if settlement is not possible) which enables the claimant to proceed with an Employment Tribunal claim.
At present, the conciliation process can last for up to six weeks, though it can (and often does) end earlier if either party wishes. Importantly, this conciliation period “stops the clock” on the usual limitation deadline for bringing a claim (but only where the claimant has instigated the process). While the calculation of the new limitation date can be complex, claimants will always have at least one month from the date of the certificate to present their claim.
What is changing and why?
On 3 November 2025, new regulations were unexpectedly introduced to extend the maximum early conciliation period to twelve weeks. The regulations are due to come into force on 1 December 2025.
According to the accompanying Explanatory Memorandum, the policy objective is to reduce strain on ACAS and allow parties to make fuller use of the opportunity to settle disputes. The Government has cited rising demand and increasing case complexity as the key drivers of this change. With the Employment Rights Bill expected to introduce a wave of new employment rights, demand is likely to rise further.
The regulations have been laid before Parliament and are expected to come into force automatically on 1 December 2025 (unless rejected, which is unlikely). Where early conciliation is started before this date the current six-week conciliation period will apply. The regulations make no other changes to the ACAS early conciliation process, so it remains the case that either party may end the process at any time.
Potential implications for employers and claimants
Although this appears to be a straightforward procedural change, it could have a number of practical effects:
- Greater scope for settlement: A twelve-week window may make it easier to resolve complex disputes that would otherwise proceed to litigation. This could, in turn, help reduce the existing backlog of Employment Tribunal claims.
- Reduced pressure on ACAS: The longer period should give ACAS more time to allocate conciliators and manage workloads, albeit that some complex cases may occupy conciliators for twelve rather than six weeks.
- Shift in negotiating dynamics: Claimants may gain leverage in settlement discussions since the longer window prolongs the uncertainty for employers, leaving them with litigation hanging over their heads for longer periods of time.
- Impact on limitation periods: Where the full twelve weeks are used, the limitation period for issuing a claim could be extended considerably. Given that it can already take a year or more to reach a final hearing, this extension could make managing evidence and witnesses more challenging for employers.
Next steps
The Government has confirmed it will review the change in October 2026 to determine whether the twelve-week period should remain in place.
The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025
BDBF is a leading employment law firm based at Bank in the City of London. If you would like to discuss any issues relating to the content of this article, please contact Amanda Steadman (AmandaSteadman@bdbf.co.uk) or your usual BDBF contact.
