ACAS Early Conciliation to be extended from 6 weeks to 12 weeks
From 1 December 2025 ACAS Early Conciliation is being extended from 6 weeks to 12 weeks.
If an employee wishes to issue Employment Tribunal proceedings against an employer, they must first initiate ACAS Early Conciliation. This is mandatory.
The purpose of ACAS Early Conciliation is to give the parties an opportunity to see if they can resolve any employment dispute with ACAS’ assistance through settlement discussions facilitated by an ACAS conciliator.
What does this mean for individuals? Early conciliation pauses the time limit for issuing a claim. From 1 December the new 12-week Early Conciliation period will extend time limits for issuing proceedings in the Employment Tribunal depending on how long the parties engage in the process.
What does this mean for employers? Employers will have to wait longer to see whether a former employee is going to issue a claim against them. It also means that employers need to retain applicant and employee records, together with data and communications about employees they have been in dispute with, for an extended period of time. It would also be wise for HR or senior managers to ensure that detailed statements from individuals involved in any internal grievance/disciplinary or other process are prepared within six months of the dispute to ensure that evidence is preserved while memories are still fresh. If proceedings are issued it is unlikely that a claim will get to a final hearing for 12 to 18 months and possibly longer.
Will this result in more threatened claims being settled before proceedings are issued? Possibly – ACAS appears to be significantly stretched and is struggling to deal promptly with Early Conciliation, largely due to the volume of individuals starting the process and lack of resource. Conciliators are often only getting in touch with individuals and employers towards the end of the six-week period leaving little time for any meaningful conciliation. The additional 6 weeks may therefore assist with this burden. The extended period may also influence employers who do not have the time or desire to engage in lengthy litigation being more proactive and willing to engage in Early Conciliation with a view to settling cases. However, realistically, it is unlikely to make a very big difference because potential claims are only likely to be settled if they have merit and compensation expectations are realistic.
If you are thinking of bringing a claim against a former employer and you want an assessment of the merits of your claim(s); or you are an employer who has been contacted by ACAS Early Conciliation and want an assessment of the risk of successful employee litigation, contact Susanna Rynehart – susanna.rynehart@joneschase.com – quoting SR ACAS Early Conciliation.