The Government has published the draft Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025, confirming a significant change to the ACAS early conciliation process. Under the draft Regulations, the maximum conciliation period will double from six to twelve weeks for all cases where early conciliation commences on or after 1 December 2025.
Background
Since May 2014, individuals wishing to bring an Employment Tribunal claim have been required to contact ACAS before submitting a claim, in order to consider early conciliation. Although participation in conciliation is voluntary, a Claimant cannot issue a claim without an early conciliation certificate. Early conciliation begins when ACAS is notified that a prospective Claimant intends to bring a claim. ACAS then contacts the parties to explore whether a resolution can be achieved before a tribunal claim is lodged.
The Rationale for Change
The Government’s stated aim is to ease the growing administrative pressure on ACAS. As of the end of 2024, there were almost 50,000 outstanding tribunal cases, and many employers have reported delays in hearing from conciliators or receiving certificates following minimal engagement. Extending the conciliation window to twelve weeks is intended to provide ACAS and the parties with additional time to engage meaningfully in settlement discussions.
This development sits against a backdrop of wider reform. The forthcoming Employment Rights Bill is expected to increase tribunal claims by approximately 15%, while also proposing to extend limitation periods for certain claims from three to six months. These changes, taken together, may increase both the duration and uncertainty of the pre-claim phase for employers.
Implications for Employers
While the extended conciliation period is likely to be welcomed by Claimants, offering a longer window to achieve early resolution, employers may experience prolonged uncertainty. In practice, employers could remain unaware of a potential claim for up to nine months, or longer in light of existing tribunal backlogs.
Although the reform represents a pragmatic attempt to alleviate immediate pressures on ACAS, it does not directly address the underlying resource constraints within the tribunal system. With claim volumes expected to rise, it remains to be seen whether extending the conciliation period will reduce the number of claims progressing to hearing, or simply extend the overall timeline for dispute resolution.
Key Takeaway
The extension of the ACAS early conciliation period to twelve weeks marks a significant procedural change for both employers and claimants. Employers should ensure that HR and legal teams are aware of the new timeframe and continue to engage proactively with ACAS where appropriate to mitigate risk and seek early resolution wherever possible.
Get In Touch
Shazia Ashraf is an Associate in our Employment & HR team, advising employers on a broad range of employment law matters, from HR support to tribunal litigation.
She offers practical guidance on grievances, disciplinary issues, sickness absence, and workplace policies, and has represented clients in claims including unfair dismissal, discrimination, and whistleblowing. Shazia works with businesses of all sizes, providing clear, commercial advice from early conciliation through to final hearings.
If you need support navigating workplace disputes, managing HR risks, or responding to employment claims, contact our employment law specialists today on 0330 111 3131 or via our online enquiry form.
