ACAS to extend the Early Conciliation window

On 5 November 2025, the Government published draft regulation titled ‘The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025’, such a long title and a long abbreviation for a very short piece of regulatory change (ET(ECERP)(A)R) – proposing changes to the timeline for workplace disputes.

Crucially, this new Regulation extends the ACAS Early Conciliation window from six weeks to twelve weeks for all claims commenced after 1 December 2025.

What is Early Conciliation?

Early Conciliation (EC) is a free service provided by ACAS, the Advisory, Conciliation and Arbitration Service. Its purpose is to encourage the prompt resolution of employment disputes, to avoid Employment Tribunal claims.

During the Early Conciliation process, ACAS communicates with both parties with the intention of facilitating an attempt to reach an agreement, without the need to progress the matter to the Employment Tribunal.

The process starts when a claimant (employee) notifies ACAS that they intend to make a claim. Once they have done so, the notifier confirms whether they do or do not want EC. A respondent (employer) can also contact ACAS to start the EC process too.

If elected, as part of this process, this is what the ACAS conciliators can do, including:

• Discussing the issues in dispute with both the employer and employee
• Providing an overview of the applicable law
• Exploring possible options to resolve the dispute
• Discussing how the Employment Tribunal has previously approached similar issues.

As such, the EC window can serve as a helpful and productive mechanism for resolving workplace disputes, offering both employers and employees the opportunity to reach a resolution without the need for formal tribunal proceedings.

Why has the Early Conciliation window been extended?

This change demonstrates an effort by the Government to encourage the early resolution of claims. By allowing the parties more time to resolve the matter in dispute, it is hoped that fewer claims will escalate to the Employment Tribunal, saving time and money for both sides.

Moreover, it is reported that an increasing number of employers have found that ACAS have failed to contact them at all within the six-week conciliatory period, which means that the opportunity to reach settlement through EC can be lost. As such, it is hoped that, by extending this period, the intended purpose of EC will be achieved.

Implications for employers

While the extension is intended to promote higher levels of resolution, it may also present challenges for employers.

Importantly, the extension coincides with the Government’s proposal to extend the tribunal time limit (for the majority of claims) from three months to six months. Consequently, as the EC period ‘stops the clock’ on the time limit for bringing a claim, this means that employers may be unaware of an employee’s claim for nine months, if they are not notified. That is, if there are no other contravening administrative delays at the Employment Tribunal that results in further delay.

As such, employers are reminded to follow best practices to ensure they are fully prepared in the event that a claim is brought against them. This includes, but is not limited to:

• Keeping accurate, thorough and, if possible, contemporaneous records of HR matters
• Ensuring that records are stored for a longer period
• Training managers to effectively deal with workplace issues
• Maintaining updated and clear workplace procedures and policies
• Monitoring employee exits carefully
• Regularly reviewing the workplace to identify any potential risks
• Acting on grievances and complaints raised by employees
• Responding to Early Conciliation notices in a timely way and engaging with the process.

If you have any questions about how to manage contemplated or ongoing employment tribunal claims, including during the Early Conciliation process, please do contact a member of our Employment team.