Extension of ACAS early conciliation period: what employers need to know

The maximum period of ACAS Early Conciliation (EC) has been extended from six to 12 weeks. This applies to all cases notified to ACAS for EC on or after 1 December 2025. In this blog we take a look at what this means in practice for employers.

What is ACAS early conciliation?

Other than in a small number of excepted circumstances, a prospective claimant must submit an EC form to ACAS before raising a tribunal claim. Forms can be submitted online, by post or by telephone.

EC aims to resolve employment disputes before they reach the tribunal stage by talking through the issues with both sides, to see if a solution can be found. However, participation is entirely voluntary for both parties.

An EC certificate must be presented to the tribunal for a claim to be accepted. ACAS will issue an EC certificate in the following circumstances:

• Where either side is unwilling to conciliate;
• Where either side withdraws from the conciliation process;
• Where, at any point during the EC period, ACAS considers there is no reasonable prospect of achieving settlement; or
• Where the EC period expires without settlement being reached.

Interaction between statutory time limits and early conciliation

Calculating the applicable time limit and determining whether a claim has been brought in time can be complex.

When a claimant contacts ACAS for EC, this effectively ‘pauses’ the time limit for presenting their claim. The relevant time limit will depend on the type of claim in question, although for most claims, it is currently three months (less one day) from the date of the act complained of.

The pause starts on the day after ACAS is contacted (Day A) and ends on the day that the EC certificate is received by the claimant (Day B). The original deadline is ‘extended’ by the number days in this EC period. If the new deadline falls between Day A and one month after Day B, it will be further extended so that it expires at the end of one month after Day B. This means that a claimant will always have at least one month after receiving an EC certificate to bring a claim.

Why was the early conciliation period extended?

The reason for the increase was to alleviate pressure on ACAS following a rise in the number of claims (see our earlier blog) and demand for EC, combined with an increase in the complexity of cases. In the last year, claims notified to ACAS have risen by around one-third.

In some cases, the prevailing six-week EC period expired before an ACAS conciliator could be appointed, resulting in EC certificates being issued without there having been any meaningful contact. This has resulted in more claims being lodged in the employment tribunal in order to avoid them being time barred. Moreover, some tribunals are listing final hearings for 2028 and 2029, meaning it may well be more than three years before a claim can be heard.

It is hoped that doubling the EC period will give parties more time and opportunity to reach a settlement before tribunal proceedings begin, if at all.

The government has stated its intention to review the extended EC period in October 2026 to determine whether 12 weeks remains appropriate. The EC period was previously extended from four to six weeks in December 2020.

What are the practical implications for employers?

• More time for ACAS to engage with parties and facilitate a settlement before reaching tribunal stage.
• Increased uncertainty: the extended EC period, combined with the increase in tribunal time limits from three to six months from October 2026, means that employers may not be aware of whether a dispute will crystalise into a tribunal claim for nine months or more.
• Record keeping: employers may need to retain records, such as emails and grievance/disciplinary records etc, for a longer period of time, especially when an employee has left their employment. This ensures that the employer has the necessary evidence to respond to a claim in the future if required. Employers may need to review and update their existing record-keeping and data use policies.
• Managing witnesses: employers may need to maintain contact with former employees who could act as witnesses in future tribunal proceedings. Employers should consider taking witness statements promptly before memories fade and contact with employees is lost.

Further information

For more information about any of the above, please contact one of our Employment and Immigration lawyers.

Practical guidance on tribunal claims and ACAS is available on Workbox by Brodies, our award-winning HR and employment law site. To arrange a short demo, please get in touch.