The Government has published draft regulations, expected to come into force on 1 December 2025, to extend the time frame of the ACAS early conciliation process. This change will have a significant impact on HR teams, employers, and individuals involved in workplace disputes or potential Employment Tribunal claims.
How Is the Process Changing?
The ACAS early conciliation process currently “stops the clock” on statutory time limits for bringing Employment Tribunal claims while conciliation is ongoing. At present, this process can last for a maximum of six weeks.
Under the proposed regulations, the maximum period will increase from 6 weeks to 12 weeks. ACAS will continue to have the ability to end early conciliation sooner where settlement negotiations are not progressing, enabling the immediate issue of the certificate required to bring a tribunal claim.
The Government intends to review the impact of the extension in October 2026.
Which Claims Will This Change Apply To?
The extension will apply to all claims registered with ACAS for early conciliation on or after 1 December 2025. Claims registered before that date will remain subject to the current six-week timeframe.
This shift is expected to particularly affect cases involving complex employee relations issues, HR documentation, and matters requiring extensive evidence gathering.
Why Is This Change Being Made?
Increasing demand and case complexity have placed pressure on the ACAS conciliation service. The extended timeframe aims to:
Reduce the volume of cases progressing to tribunal
Give parties more time for settlement negotiation
Support HR teams and employers in managing workplace disputes more effectively
Allow for more meaningful discussions around realistic settlement figures
It is hoped that the longer period will improve early resolution rates and reduce the burden on the tribunal system.
How Can Parties Adapt to This Change?
To protect their position, employers and employees should take proactive steps early in the process, including:
Preserving documents and evidence relevant to the dispute
Ensuring HR records, policies, and communications are up to date
Preparing internal case management summaries
Taking early legal advice to understand the strengths and risks of the case
Given that early conciliation could now last up to 12 weeks, maintaining accurate and accessible HR compliance documentation will be even more important.
How Can Bhayani Law Help?
The Employment Law team at Bhayani Law can support you throughout the ACAS early conciliation process. Our services include:
Advising on likely outcomes and realistic settlement negotiations
Drafting and reviewing HR documentation relevant to the dispute
Managing communications with ACAS
Developing strategies to minimise the risk of Employment Tribunal proceedings
Whether you are an employer managing employee relations challenges or an individual navigating a workplace dispute, we can provide clear, practical guidance tailored to your situation.
Contact our team at [email protected] or call 0333 888 1360 to discuss how we can assist.
