Changes on the Way: ACAS Early Conciliation 

The government has laid regulations before Parliament, which will increase the ACAS early conciliation time period from six to twelve weeks. The new timeframe will apply when a prospective claimant submits an early conciliation form to ACAS on or after 1^st December 2025. 

So, what does your business need to know?

1. Early conciliation scheme reminder
2. What does the change mean for businesses?
3. What you should do if your business receives an employment tribunal claim 

Early conciliation scheme reminder 

As you may be aware, the scheme’s purpose is to help settle disputes without going to a tribunal if possible. In brief, the steps involved in the early conciliation procedure are:

• An employee who wishes to bring most types of claims must contact ACAS. This is to notify them that they intend to bring an employment tribunal claim and to provide ACAS with their details and those of the employer.

• ACAS will then make reasonable attempts to contact the employee, and if they agree to early conciliation, the case details will be passed to a Conciliation Support Officer. The Officer will then contact the employer.

• Where the employer is willing to take part in early conciliation, ACAS must try to promote a settlement between the parties. They currently have six weeks in which to do this; this is being extended to 12 weeks.

• If a settlement is reached, the terms will be recorded in a legally binding agreement. 

• If early conciliation is refused or is unsuccessful, the employee is issued with an Early Conciliation Certificate, which demonstrates that the employee has completed the early conciliation process. The Early Conciliation Certificate contains a reference number, which the employee will need to complete any subsequent employment tribunal claim form. 

The early conciliation scheme has an effect on the time limits that apply to submitting an employment tribunal claim. This can be complex in some cases, but the employee will always be left with at least one month from the date of the Certificate to present their claim.

What does the change mean for businesses?

The draft regulations were a surprise move by the government, and in their explanatory statement, they have referenced the difficulties experienced by ACAS due to rising demand for early conciliation over the past year and the pressure the service is under.

The change  will, in theory, give employers and employees a longer initial period to try to reach an agreement should they wish to do so, with the government aiming to maximise opportunities for early conciliation whilst easing “pressure on ACAS, better enabling parties to take full advantage of the chance to settle disputes.” However, it will remain to be seen whether the change has this effect in practice. 

Businesses are increasingly finding that ACAS’s early conciliation team isn’t managing to initiate contact until very late in the current conciliation period, and conciliation is sometimes minimal. Where the service is overstretched, it’s unlikely that ACAS will be in a position to make early contact, which could mean that with a longer conciliation window, employers will simply have longer to wait to find out if there is a claim against their business.

With the Employment Rights Bill expected to introduce new employment rights (and a more generous time period in which to bring employment tribunal claims for employees, expected to take effect in October 2026), demand for early conciliation is only likely to increase. The government has included in their explanatory statement that a review of the time period for early conciliation will take place in October 2026 to determine if the twelve-week period should remain in place.

Businesses may find it helpful to bear in mind that even if the early conciliation period has passed, it is still possible to settle employment tribunal claims/potential claims should both parties wish to do so. Want to know more? Please get in touch.

What you should do if your business is contacted as part of ACAS Early Conciliation

Whilst it is not mandatory for employers to participate in early ACAS conciliation, it can be beneficial depending on the facts of the case. Seeking advice on your particular situation is therefore very important.

If your business is contacted as part of the Scheme or you receive an employment tribunal claim or grievance from an employee, please get in touch as soon as possible to discuss your particular case. 

Have an HR matter you would like assistance with? We are here to help, so please get in touch.