Changes to ACAS Early Conciliation

ACAS Early Conciliation (EC) was introduced in 2014 to help employers and employees settle workplace disputes before they reach the Employment Tribunal (ET). The process is free, quick and informal, giving both sides a chance to explore settlement with help from an independent conciliator. It also “stops the clock” on the time limit for bringing a claim if no settlement is reached during the conciliation period. Except in limited cases, anyone who wants to make a claim to the ET must first obtain an EC certificate.

From 1 December 2025, the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025 will come into effect. The main change is that the EC period will increase from six weeks to twelve weeks.

What this means in practice

• More time for conciliation: The longer period should give ACAS more time to manage cases, especially given the current backlogs in both ACAS and the Tribunals. ACAS has seen high case volumes, causing delays in allocating conciliators and starting discussions. In some recent cases, EC certificates have been issued before a conciliator was even appointed.
• More meaningful negotiations: A twelve-week period allows more opportunity for both sides to have proper discussions, gather evidence and consider the strengths of their positions before deciding whether to settle or proceed to a claim.
• Longer time limits: As the “stop-the-clock” rules still apply, extending the EC period will also lengthen the total time available for lodging a Tribunal claim.

While the longer EC period is a positive step, it won’t on its own solve ACAS’s current operational difficulties. Without more conciliators, and with the number of claims continuing to rise, a longer EC period might just delay when active conciliation starts.

However, it should still be a welcome change, giving conciliators and parties more time to engage meaningfully and potentially resolve disputes before they reach the Tribunal.

If you have any questions about ACAS Early Conciliation, please call us on 0113 207 0000.

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