ACAS early conciliation period extended to 12 weeks

From 1 December 2025, the maximum duration for ACAS Early Conciliation increased from six to 12 weeks.

What Is ACAS Early Conciliation?

ACAS early conciliation is a mandatory step before most employment claims can proceed to tribunal. It’s designed to give both parties – employers and employees -a chance to resolve disputes informally, with the help of an ACAS conciliator.

Here’s a recap on how it works:

• An employee or claimant (or sometimes the employer or respondent) initiates the process by submitting a form online or calling ACAS.
• ACAS assigns a conciliator who contacts both parties to explore settlement options.
• If resolution isn’t possible, ACAS issues a certificate that allows the claimant to proceed to tribunal.

The process “stops the clock” on the usual limitation period for bringing a claim, giving claimants more time to consider their options. Regardless of timing, claimants always have at least one month from the date of the certificate to file a claim.

What’s changed and why?

On 3 November 2025, the Government introduced new regulations extending the maximum conciliation period to 12 weeks. These came into force on 1 December 2025.

The stated aim is to reduce pressure on ACAS and give parties more time to resolve disputes.

With the Employment Rights Act expected to introduce new protections, the volume and complexity of cases is likely to increase – making this extension a proactive move.

Key points are:

• The twelve-week period applies only to cases initiated on or after 1 December 2025.
• The core process remains unchanged: either party can end conciliation at any time.
• No other procedural changes have been introduced.

Potential implications for employers

This change may seem administrative, but it will impact on how employers manage risk, timelines, and employee relations:

• More time to resolve disputes and settlement: Complex cases often require more time to negotiate. The extended window gives employers greater flexibility to explore settlement options before litigation becomes inevitable.
• Reduced urgency -but longer uncertainty: While the pressure to settle quickly may ease, employers may face longer periods of uncertainty.
• Change in negotiation dynamics: Claimants may use the longer window to strengthen their negotiating position. Employers should be prepared for extended discussions and ensure documentation and communication remain consistent throughout.
• Impact on limitation periods: The extended conciliation period could push tribunal hearings and deadlines further out. On the basis that it can already take a year or more to reach a final hearing, this extension could make managing evidence and witnesses more challenging for employers.

If your business needs support on these latest changes, or engaging with ACAS Early Conciliation, please contact a member of the Employment Team.