Acas early conciliation period extended

On 4 November 2025, amending regulations were laid before Parliament to extend the current Acas early conciliation period from six to 12 weeks, with effect from 1 December 2025.

How does early conciliation work?

Acas early conciliation is a mandatory requirement for most claimants before they can bring a claim in the employment tribunals. It was introduced in 2014, when the period for conciliation was set at one month, later extended to six weeks in 2020. The intention is to promote the settlement of claims before they enter the tribunal system.

Prospective claimants are required to submit an early conciliation form to Acas to start the process, following which an Acas conciliator must contact both parties to see if they are interested in pursuing settlement of the claim. During the conciliation period, the time limit for bringing a tribunal claim is paused to allow time to explore settlement.

If either party is not willing to attempt conciliation, or if conciliation fails, Acas issues an early conciliation certificate (with a unique reference number) which enables the claimant to go ahead with their claim in the employment tribunal.

Why is it being extended?

The extension of the conciliation period is intended to ease the current burden on Acas, resulting from a significant rise in demand for their services and an increased complexity in cases. In our experience, Acas conciliators often do not make contact with employers until very late in the conciliation period, limiting the opportunities to engage in the process.

It is hoped that the extended conciliation period will increase the number of claims being settled before they reach the employment tribunals. The Government has committed to review the period again in 12 months’ time, suggesting that it could be a temporary measure designed to patch up a system that is overloaded and under resourced. There will be even greater pressures once the day one rights to claim unfair dismissal under the Employment Rights Bill take effect in 2027.

The impact on employers

As a consequence of the extended conciliation period and the ‘stop the clock’ rules, plus the extension of the limitation period (from three to six months) for bringing employment tribunal claims, expected in October 2026, claims will have significant extra delays built in – giving employers a much longer period of uncertainty and potentially making it harder to defend a claim.