The Government has recently published the draft Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025 which proposes to extend the standard Acas early conciliation period from six weeks to twelve weeks.
The extended timeframe will apply to all claims where early conciliation is commenced on or after 1 December 2025.
What is Acas early conciliation?
Acas early conciliation is a mandatory pre-claim process designed to encourage the early and informal resolution of employment disputes before the need for Tribunal proceedings. Early conciliation was introduced in 2014 with the aim of reducing costs accrued and time spent on claims for both parties. It was also introduced as a way to ease the strain on the Employment Tribunal system.
However, in recent years, Acas and the Employment Tribunal Service have experienced significant delays with an increasing demand for the service. Both parties have reported long waits before Acas conciliators make initial contact. In many cases these delays have resulted in certificates being issued without meaningful dialogue between the parties undermining the process’s purpose of settling disputes prior to Tribunal proceedings.
The extended conciliation timeline
Under the new draft 2025 Regulations, the conciliation period will double from six to twelve weeks. The expectation is that this change gives Acas and the parties more time to explore settlement in a meaningful way, avoiding the need for further proceedings. This change reflects the Government’s acknowledgment that current timeframes are often too short to allow parties to come to an agreement.
While intended to promote resolution and relieve Tribunal pressure, the change comes at a time when the existing conciliation capacity is already overstretched. Employers increasingly report never being contacted within the current six-week period, suggesting that simply lengthening the window may not address underlying issues at Acas with staffing and capacity.
Impact on employers and Tribunal timeframes
When combined with the Employment Rights Bill’s proposal to extend the primary Tribunal limitation period from three months to six months, the practical effect could be substantial. If the Employment Rights Bill is enacted and the proposed amendments to the conciliation period. An employee could have:
- Up to six months to initiate Acas early conciliation; and
- A further twelve weeks for conciliation
This is further complicated by potential administrative delays that may occur before a claim is submitted and handled by the Tribunal. This means that in practice, employers may remain unaware of a potential claim for nine months to a year once Tribunal backlogs are factored in.
While this prolonged uncertainty can risk business disruption, evidence deterioration and challenges in managing workforce disputes effectively, it also has some advantages. It does gives employers more time to seek legal advice before any limitation date, organise themselves internally, and position the business to manage everyday tasks more efficiently. This additional preparation time can ultimately help them fully prepare for any potential Tribunal claim.
Practical guidance for employers and employees
For employers:
- Track internal grievances, complaints or sudden resignations that could later develop into claims.
- Engage early and cooperatively to resolve matters before they escalate or reach Tribunal.
- Ensure employees have a fair chance to raise and resolve concerns through informal discussions or formal grievance procedures.
- Maintain clear notes, correspondence and outcomes for investigations, grievances and performance processes to preserve evidence.
- Ensure line managers are equipped to handle complaints sensitively, follow procedure and spot early warning signs of conflict.
- Check that grievance, disciplinary and performance related policies are up to date, consistent and clearly communicated.
- Foster open communication and encourage early resolution to prevent minor issues from escalating.
- Handle all complaints discreetly to protect trust and comply with data protection obligations.
- Get professional guidance when complex or high-risk issues arise to ensure fairness and compliance with relevant employment laws.
- Review internal policies for timely resolution of workplace issues before they escalate to formal disputes.
For employees:
- Even with extended time limits, don’t delay. Early action helps preserve rights and allows more time for negotiation or settlement.
- Remember that Acas conciliation pauses, but does not reset, Tribunal time limits. Keep clear records of key dates.
- Get guidance as soon as possible to understand your rights, options and deadlines.
- Raise concerns through your employer’s informal or formal grievance procedures before considering external action.
- Document key events, conversations and correspondence that may support your case if a dispute arises later.
- Participate constructively with Acas to explore resolution options and avoid unnecessary escalation.
- Be clear on what you seek to achieve such as reinstatement, settlement or reference before entering formal proceedings.
What this means for employment disputes
While the proposed 12-week conciliation period aims to give parties more time to resolve disputes, the reform may unintentionally extend uncertainty rather than improve outcomes unless it comes with greater investment in Acas resources.
Currently Employment Tribunal hearings are heavily backlogged with cases being listed as far in advance as 2028. Adding in the combination of longer conciliation periods and extended limitation windows, this could significantly reshape the dispute resolution timeline in the UK.
For expert advice on Acas early conciliation, Tribunal claims or how the 2025 Regulations and the Employment Rights Bill could affect your organisation, please contact our Employment Law team.
This article was updated on 6th November 2025.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
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