The Government has published Regulations to increase ACAS’s early conciliation window from six to 12 weeks, coming into force on 01 December 2025.
What’s changing?
- The change applies where early conciliation is commenced on or after 01 December 2025. Cases started before that date remain subject to the current six-week period.
- No other elements of the ACAS early conciliation process are altered by these Regulations – either party can still end conciliation at any time.
The Government will review the change in October 2026 to determine whether the 12-week period should remain.
What’s the impact for employers?
Here’s what our Litigation Director, Martin Cornforth, has to say on the change…
The longer conciliation period should mean you’re more likely to hear about a threatened employment tribunal claim before it suddenly lands on your desk. That’s good – but only if you treat the extra time as a risk-management window rather than free breathing space.
Here’s what I’d be focussing on right now. They’re already important steps for managing potential employment tribunal claims, but with the conciliation window now extended, they’re even more important…
- Track notifications and act early – log all ACAS notifications immediately, assign clear ownership, and involve your employment lawyers early. If there’s any doubt about an ET1 being issued or delivered, check with the Tribunal or your lawyer straight away.
- Preserve evidence – the more time that passes the more memories fade and the more likely documents are to move or be misplaced. Lock down key emails, records, and statements early to protect your future position.
- Use conciliation proactively – a 12-week window gives more time to resolve disputes, but conciliators are still busy, and claimants have more leverage to draw our settlement negotiations. Involve your employment lawyers early to support with strategic and tactical guidance to achieve swifter and more commercial resolutions.
- Plan resources and budgets – longer conciliation windows plus ever-increasing claim volumes are going to continue to strain HR teams. Make sure you have access to expert legal support allowing you to respond quickly, manage claims efficiently, and plan your budgets with greater certainty.
The Employment Rights Bill is also set to extend the time limit to bring an employment tribunal claim from three to six months, which is also likely to increase the number of claims issued, further increasing pressure on employers.
How can we help?
A claim landing may be unavoidable, but how you respond doesn’t have to be a surprise. Our litigation team works with you from the outset to take a proactive, strategic approach – managing the case efficiently, mitigating risk, and helping achieve the best possible outcome. Give us a shout if you need our support navigating early conciliation or managing an employment tribunal claim.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
