ACAS Early Conciliation Period To Be Doubled

Georgia Veitch
Solicitor
View Profile

The government has laid before Parliament new regulations regarding the ACAS early conciliation regime. From 1 December 2025, the Government intends to double the early conciliation period from six weeks to twelve weeks.

This extended window will apply to all claims where early conciliation is commenced on or after that date.

Who is ACAS?

ACAS (the Advisory, Conciliation and Arbitration Service) is an independent and impartial public body that is mandated to assist with both parties in an employment dispute to explore the possibility of reaching a resolution without the need for tribunal proceedings.

What is early conciliation?

Early conciliation is a compulsory process facilitated by ACAS that must be undertaken before most employment tribunal claims can be brought against the employer. It begins when an individual notifies ACAS of their intention to bring a claim. ACAS then offers early conciliation, during which a conciliator engages with both parties to explore the possibility of reaching settlement and avoiding tribunal proceedings. The early conciliation period currently lasts six weeks.

Ordinarily, an employee has three months from the date of the alleged incident (such as dismissal or discrimination) to submit a claim with the employment tribunal. However, once early conciliation is initiated, the limitation period is paused for the duration of the conciliation process. This “stop the clock” mechanism allows time for resolution efforts without prejudicing the prospective claimant’s right to bring a claim later if settlement is not reached.

At the end of the early conciliation period (or earlier if another triggering event arises), ACAS will issue an early conciliation certificate. This document confirms that the process has concluded and is required if the individual wishes to pursue the tribunal claim.

Why is the extension of the early conciliation period important?

The proposed extension from six weeks to twelve weeks is designed to give ACAS more time to engage and facilitate early conciliation before the certificate is issued. In recent months, ACAS has been struggling to make initial contact with parties during the current six-week period. The extension period is designed to help ensure that meaningful dialogue with ACAS can take place before a tribunal claim has to be presented.

Pressure on ACAS resources is likely to increase further when the new Employment Rights Bill becomes law and employees have significant additional rights. When considered alongside the bill’s proposal to extend the normal time limit for most tribunal claims to six months, employers could face a scenario where they will not know if they are going to face a tribunal claim arising from the departure of an employee or some other event for nine months or more.

Next steps

We are closely monitoring the progress of the regulations through Parliament, along with the Employment Rights Bill and we shall continue to provide regular updates to clients on any notable developments. Retained clients can find out more about the significant forthcoming changes to employment laws by registering for the second part of our Employment Rights Bill webinar series here.

If you have any questions about how this change may affect you, or if we can provide support or assistance on any other employment law matter, please do not hesitate to contact a member of the team on 0141 331 5150

Topics: Early conciliation, Employment Tribunal