ACAS Early Conciliation Period Increases.

The government has announced that the early conciliation period with ACAS (Advisory, Conciliation and Arbitration Service) will be increased from 6 – 12 weeks. This will apply to any case for early conciliation that is submitted to ACAS on or after 1 December 2025.

Commencing ACAS early conciliation is a mandatory first step for employees who want to make most types of claim to an employment tribunal. Employers can also commence early conciliation themselves in order to try and settle employment-related disputes. The process is free and confidential.

Once the process is commenced, either the employee or the employer can refuse to take part in it, and so bring it to an immediate end. However, if both parties wish to engage with the process, an independent ACAS conciliator is appointed to try to assist the parties to achieve a settlement.

If no settlement is achieved within the early conciliation period, ACAS issue a certificate, and if the employee is to proceed with a claim, the certificate number is required in order for them to complete the employment tribunal claim form.

There has been a significant increase in the number of early conciliation cases more recently, resulting in a greater demand on ACAS. As a result, parties have sometimes not benefited from the services of a conciliator as much as they might have done, if indeed at all, and so not had a reasonable chance to settle their case before it is open to employees to commence tribunal proceedings; and it is hoped the extension to the early conciliation period will resolve this.

The early conciliation period was previously increased from 1 month to six weeks on 1 December 2020, and the new period of 12 weeks will be reviewed again in October 2026.

If a settlement is not achieved through early conciliation, the services of ACAS do still remain available to parties should they wish continue with conciliation, if that was on-going when the early conciliation period expired, or if they wish to revisit conciliation at a later date.

Employment tribunal claims are subject to time limits, and these are affected by ACAS early conciliation.

Whether you are an employee or an employer, if you require advice in connection with ACAS early conciliation, or otherwise a workplace dispute, contact a member of our employment team on 0800 652 3371.