A sign of the times? ACAS Early Conciliation Period doubled
The Government has published unexpected regulations confirming that, from 1 December 2025, the ACAS Early Conciliation period will be extended from six to twelve weeks. This change will apply to all cases in which a prospective claimant contacts ACAS, by presenting an Early Conciliation form, on or after that date.
The change has not been prefaced by consultation, but appears intended to alleviate pressure on both ACAS and the employment tribunal system, which is experiencing a substantial backlog of claims. The Government aims to encourage early resolution, and reduce the volume of cases proceeding to litigation, by allowing additional time for parties to engage in conciliation. However, our recent experience is that ACAS has struggled to make conciliators available within the existing six-week timeframe and the system has become increasingly strained.
Typically, the limitation period for bringing a claim is paused from the date ACAS receives the Early Conciliation form and resumes on the day the prospective claimant receives the Early Conciliation Certificate, if no settlement is reached.
While this offers more time for resolution, it also potentially introduces a longer period of uncertainty for all involved in employment-related disputes. It remains to be seen whether the longer Early Conciliation period will allow parties a more meaningful opportunity to resolve matters.
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