The ACAS Early Conciliation (EC) process, a mandatory gateway for most employment tribunal claims, is set for its most significant procedural change in recent years.
Further to regulations recently laid before parliament, it is proposed that the maximum conciliation period will increase from 6 weeks to 12 weeks from 1 December 2025. This change effectively doubles the time available for parties to engage in ACAS facilitated discussions before a claim can be lodged at tribunal.
This extension comes in response to mounting pressure on the service, driven by increased EC notifications and ongoing resource constraints. The extended timeframe is intended to offer ACAS more opportunity to engage with parties, facilitate dialogue, and promote settlement before statutory deadlines lapse.
Why this matters
EC is a mandatory step before most employment tribunal claims can be issued. In practice, many employers (and claimants) will be familiar with EC certificates being issued with limited or no substantive engagement taking place, often due to time and capacity pressures.
Doubling the maximum conciliation window to 12 weeks is designed to:
• Improve the prospects of meaningful conciliation taking place
• Reduce the number of disputes progressing to tribunal unnecessarily
• Allow ACAS conciliators more time to make contact, gather information and support settlement discussions
A positive change, but challenges remain
A longer conciliation period is, in principle, a welcome development. In recent months, it has not been uncommon for EC periods to expire without any meaningful ACAS interaction, limiting the potential for early resolution. More time should create greater scope for constructive engagement.
That said, extending the period alone does not automatically guarantee enhanced conciliation. The effectiveness of the change will ultimately depend on whether ACAS is sufficiently resourced to make practical use of the additional time, and it will be interesting to see if extra resources are directed their way to make up for the marked increase in enquiries.
Practical considerations for employers
For many employers, this shift may also increase the value of early, proactive engagement whether directly or through ACAS, to avoid disputes sitting unresolved for prolonged periods.
With longer EC periods on the horizon, employers should expect disputes to remain live for longer, requiring sustained internal oversight. With further proposed changes to employment tribunal time limits expected in 2026 (increasing the limitation period from 3 months to 6 months), employers will need to prepare for a significantly extended litigation lifecycle, placing greater emphasis on early evidence preservation, proactive case strategy, and the ability to maintain operational stability while matters remain ongoing.
In summary
This is a positive and pragmatic change with the potential to improve the early resolution landscape. Its success, however, will hinge on ACAS having the capacity to translate more time into more meaningful engagement.
We will continue to monitor developments as the implementation date approaches. If you would like to discuss how these changes may affect your business or review current internal processes ahead of December, please do get in touch. Click here to contact the Employment team.
