As of 1 December 2025, the length of the early-conciliation period handled by ACAS has changed significantly. The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025 extend the window of consultation from six weeks to twelve weeks.
What’s changing?
- If a potential claimant notifies ACAS of an intention to bring a tribunal claim on or after 1 December 2025, the early-conciliation period now runs for up to twelve weeks, rather than the previous six weeks.
- Where ACAS early conciliation had already commenced before this date, the process continues under the six-week window.
- The Regulations do not alter any other features of the conciliation process – for instance, either party can still end conciliation early. Once a certificate is issued, the claimant can proceed to tribunal in the usual way.
Why has this change been introduced?
The six-week window had been in place since early conciliation became mandatory in 2014. However, stakeholder feedback suggested that many employers were not being contacted by ACAS until late in that period – sometimes not at all before the certificate was issued.
By extending the window to twelve weeks, the Government aims to give both parties – especially employers and HR representatives – more time to engage meaningfully with conciliation, explore settlement, and avoid tribunal proceedings where possible.
What this means for employers
Longer “live risk” period: With a longer conciliation window, employers face an extended period during which a potential claim might be a risk. Combined with other planned reforms – such as those under the Employment Rights Bill (which may also extend tribunal claim time-limits from three months to six) – the risk timeframe could stretch significantly.
Need for earlier action, not later relief: Extending the ACAS conciliation period to 12 weeks may appear to offer extra time, but it’s better understood as added risk-management time. Employers should use this as a prompt to strengthen internal processes, review performance management frameworks, ensure management training for disciplinary and grievance matters, and establish clear ownership for managing potential claims. In an ever-changing legal landscape, evidence-led records and professional HR support are essential.
Treat the extra time as an opportunity to strengthen your response systems, not delay action.
Shift in settlement dynamics: The extended window gives more opportunity to explore resolution and, in some cases, settlement. However, this also gives claimants more time to build momentum. Employers may find negotiations take longer and require more active engagement.
Things to watch
- These Regulations are now in force, but employers should monitor any further refinements or related reforms.
- The extension of the early-conciliation window does not automatically address underlying capacity issues at ACAS or within the tribunal system. If backlogs remain, longer timelines could mean longer exposure.
- Employers should keep an eye on changes to employment-law limitation periods (such as via the Employment Rights Bill), as the combined effect on risk windows could be substantial.
Bottom line
The extension of the early-conciliation window is a meaningful change. For employers, it means a longer period of potential exposure and a need to be more proactive – not less. The “extra” time should be seen as an opportunity to engage, manage, and resolve issues earlier, rather than a chance to delay. As always, effective preparation, robust record-keeping, and early legal/HR involvement will be key.
