From 1st December 2025, the ACAS Early Conciliation period has been extended from 6 weeks to 12 weeks under the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025.  

This is a significant change for employers managing workplace disputes and potential Employment Tribunal claims, and may well change the way those disputes are handled. 

What’s changed? 

Before the new regulations came into force, parties to a dispute had up to six weeks to engage in conciliation before a claim could be issued in the Employment Tribunal. Now, any new Early Conciliation period will last for 12 weeks.  

Why has this happened?  

The government says it wants to: 

  • reduce the pressure on ACAS, which is involved in every Early Conciliation process 
  • relieve the workload of the tribunal system, which faces record backlogs. The latest available statistics show that as of March 2025, there were around 45,000 live single claims (up from 33,000 in the previous year) and 445,000 live multiple claims (up from 410,000 in the previous year) 
  • give both parties more time to engage in meaningful settlement discussions before litigation begins  

Although the limit has changed, nothing else has. The process is still mandatory before most tribunal claims start. The “stop-the-clock” rule still applies – meaning that contacting ACAS for Early Conciliation pauses the strict time limit (usually 3 months less 1 day) for lodging an Employment Tribunal claim, adding the conciliation period to the deadline. Once the ACAS Early Conciliation certificate is issued, showing that conciliation has been tried and failed, or that one party did not want to take part, the clock restarts.  

What employers should know 

The extension effectively doubles the pre-claim phase. Combined with the proposed Employment Rights Bill changes (extending tribunal claim time limits from 3 months to 6 months in 2026), an employer involved in a dispute could face up to nine months of uncertainty before even receiving notification of a tribunal claim. 

It’s not guaranteed that employers will receive ACAS notifications promptly. There have also been delays in conciliator appointments and late notifications; this means that under the old system, employers might sometimes have only days to respond. The longer window may help, giving employers more time to process notifications, but the problems with resources at ACAS remain a concern. 

Finally, the extended timeframe, combined with other employment law reforms in the pipeline, could lead to an increase in claims. Employers will need robust processes to manage disputes early, and there is no room for complacency. 

Opportunities for employers 

The changes introduced by the regulations also offer opportunities to resolve disputes without resort to litigation, which can be costly in terms of both time and money. Before the changes, a six week period often imposed a sense of urgency on both parties, which could sometimes lead to raised tempers and an unwillingness to properly consider the other party’s point of view. Now, with the conciliation period extended, there will be more room for considered reaction to the matters involved, and more likelihood that a settlement can be reached.   

According to the ACAS annual report 2024-25, “In 2024–25, 9 out of 10 potential claims notified to ACAS were resolved without requiring a hearing in the employment tribunal.” This is likely to increase, provided all parties seize the opportunity that the change offers. 

Your action plan 

The change is now effective so there’s no time to lose; you will need to think about a variety of areas where you need to take action.  

Take a look at your internal processes and procedures. How fit for purpose are they now that the law has changed? You’ll need to review your HR policies on grievances, disciplinaries and redundancies.  

You’ll also need to make sure that whenever an employee relations issue arises, your documentation is clear and concise. Good record keeping is now more crucial than ever.  

While the change in the law affects businesses at a strategic level, it’s your managers who will have the job of ensuring that it’s administered in a way that protects both you and your workers. Therefore, you need to include reference to the change in any manager training as well as ensuring that they’re fully up to speed on handling disputes professionally and consistently. They’ll also need to be trained on the principles around early intervention and communication strategies – key elements of a programme designed to stop employee disputes and grievances before they become serious problems.  

Forewarned is forearmed; the sooner you know that there’s an impending issue, the better you’ll be able to react to it. Therefore, ensure that you have a system that will enable you to respond promptly to ACAS notifications, and assign responsibility within your HR or legal teams for managing Early Conciliation cases. 

Early engagement with the process is key to getting it under control. You shouldn’t be complacent about the extension in the period; treat it as an opportunity to resolve the issue, rather than delay matters.  

This is also a good opportunity to consider settlement discussions proactively to avoid escalation. 

Get advice  

Employment law can be complex and you may not be experienced enough to handle all the implications of legal action on your own. You should get legal advice as soon as possible. Speak to employment law specialists early; they can walk you through the risks and guide you on what your options are.