Background

On 4 November 2025, the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025 were laid before Parliament. These regulations extend the maximum Acas Early Conciliation period from six weeks to twelve weeks. The change will apply to all EC notifications submitted on or after 1 December 2025.

Early Conciliation Framework

Early Conciliation is a mandatory step before most employment tribunal claims can be lodged. Prospective claimants must notify Acas of their dispute, after which Acas offers to facilitate settlement discussions. If the parties decline or fail to reach agreement, Acas issues a certificate containing the Early Conciliation number, which is required for the claimant to proceed with their claim to the Employment Tribunal. Previously, the Early Conciliation period was capped at six weeks with no extensions. The new rules double this timeframe, providing up to twelve weeks for parties to engage in conciliation.

Rationale for Change

The government has explained that the extension is intended to ease the significant pressure on Acas services caused by rising demand and to allow more time for parties to resolve disputes before tribunal proceedings. It also supports the broader objectives of the forthcoming Employment Rights Bill, which aims to simplify procedures and strengthen worker protections. Consultation with unions, business groups and legal stakeholders indicated broad agreement for the change.

Issues with the Current System

Despite the apparent benefits of a longer conciliation window, systemic problems remain with the current framework. Employers frequently receive notice of conciliation only days before the period expires, leaving insufficient time to engage meaningfully. In some cases, conciliators are appointed only at the very end of the period, making resolution impracticable. Without addressing these operational issues, simply extending the timeframe may not significantly improve outcomes.

Impact on Limitation Periods

Tribunal claims must usually be submitted within three months of the alleged incident. However, the Early Conciliation process pauses this deadline. With a twelve-week Early Conciliation period, claims can be delayed even further, meaning employers may not become aware of potential claims for several months.

Additionally, the Employment Rights Bill, which is expected to receive Royal Assent by the end of this year, will extend the time limit for bringing an employment claim from three months to six months, effective October 2026. In practice, this means that, combined with the extended ACAS Early Conciliation period of 12 weeks, there could be up to nine months between the original issue and a tribunal hearing the case.

This extended timeframe creates practical challenges, such as difficulties in gathering evidence when staff have left or memories have faded, and it may contribute to longer delays across the tribunal system overall.

Implications on Employees

For employees, the extended Early Conciliation period provides additional time to consider their options, engage in negotiations, and prepare their case before deciding whether to proceed to tribunal. This may reduce the pressure of tight deadlines and allow claimants to pursue resolution without immediately resorting to litigation. However, the longer timeframe could also prolong uncertainty for individuals awaiting closure, particularly given the existing delays in the tribunal system. Employees may find themselves waiting many months before their claim progresses, which could exacerbate stress and financial insecurity. While the government anticipates that the change will benefit claimants by increasing opportunities for settlement, the practical reality is that delays in notification and conciliator appointments may limit the effectiveness of the extended period.

Implications for Employers

For employers, the change means extended uncertainty and the need to adjust internal procedures to reflect the new timelines. HR and legal teams should ensure that those involved in dispute resolution are aware of the extended period and prepared for the possibility of longer delays before claims materialise. While the government has suggested that the impact on businesses will be low, in practice the change may prolong uncertainty without necessarily increasing successful settlements. The government has committed to reviewing the changes in October 2026, which may open the door to more radical reform if current issues persist.

Please note the contents of this article do not constitute legal advice. If you require any further information or if you would like our assistance, please contact us at employment@berrysmith.com or on 02920 345 511.