ACAS Early Conciliation Extended to 12 Weeks: Is this Good or Bad News?

Most employers are well aware that the Government is embarking on an ambitious series of reforms. These are aimed at rebalancing, in their eyes, the employment relationship.

As part of these changes, from 1^st December 2025, the ACAS Early Conciliation period has been formally extended from six to twelve weeks, following regulations laid before Parliament on 4^th November 2025. This change comes amid rising demand for conciliation services and growing delays - currently averaging five weeks before a case is even allocated to a conciliator, let alone an employer knowing of a potential claim.

For employers, this adjustment is far from a mere administrative tweak. It signals a shift in how workplace disputes may evolve prior to reaching the Employment Tribunal, and introduces new operational and strategic considerations for handling potential claims.

How ACAS Early Conciliation Works

Early Conciliation (EC) has been mandatory since 2014 for most employment claims. It begins when a prospective claimant submits a form to ACAS.  An ACAS conciliator then contacts both parties to explore settlement options, with Tribunal time limits paused during this window.

If conciliation fails - or either party declines to engage - ACAS issues a certificate that allows the Claimant to proceed with a Tribunal claim. The period was originally one month, extended to six weeks in 2020, and now to 12 weeks.

Why Has the Period Been Extended?

The Government cites several drivers behind the extension:

• A rise in Early Conciliation requests - they are up 26% in the past year - especially in discrimination-related claims.

• Growing complexity of cases, requiring more time to explore settlement.

• Operational delays, with conciliators often making initial contact with the employer far too late in the process, so that there is no realistic opportunity for EC.

The aim is to encourage earlier, meaningful engagement between parties, and reduce pressure on an overburdened Employment Tribunal system. However, the Government has committed to reviewing the new arrangement within 12 months, hinting that this may be a temporary fix rather than a long-term solution.

Implications for Employers

While the extension could, in theory, facilitate more COT3 settlements, it introduces new challenges for employers:

• Longer periods of uncertainty: The ‘stop the clock’ mechanism means Claimants now have a significantly longer period during which a claim may be initiated - leading to delays in resolution. 

• Increased resource demands: Employers may need to keep records, witnesses, and key facts readily available for much longer, complicating internal HR planning.

• Potential for more stale evidence: The longer wait time before a claim proceeds could make it harder to defend cases effectively, especially when memories fade or personnel changes occur.

• Greater HR involvement: With conciliation stretching over nearly three months, HR teams may find themselves more deeply engaged in protracted pre-claim negotiations.

Furthermore, when combined with the expected extension to the limitation period for bringing Tribunal claims (from three to six months, anticipated in October 2026), the risk landscape becomes notably more complex.

More Subject Access Requests (SARs)

One other area which employers need to be mindful of, is that extended time limits give employees the opportunity to successfully apply for a Subject Access Request (SAR), which in reality is a ‘fishing trip’ to see if there is sufficient evidence to support the employee’s case and/or damage the employer’s.

Generally, this will mean that the employer will have to reveal most, if not all, of the correspondence they store digitally about an employee. This will have to be provided to the employee, and their legal representatives, for their inspection within 12 weeks. Not only will this involve the employer in a considerable amount of extra work, but it also risks any off the cuff written remark making a case undefendable.

Which is why we impress on all of our clients the need for discretion in written communications, you may not want "I just want John Doe gone however you do it" appearing in front of a judge when you have said this is a fair dismissal and you were not prejudging it.

Action Points for Employers

• Review case management protocols: Ensure internal systems can accommodate prolonged timelines for potential claims.

• Enhance early resolution efforts: Consider proactive dispute resolution strategies internally before or while EC begins.

• Maintain accurate records: Longer wait times increase the risk of losing access to relevant evidence or witnesses.

• Train Managers on early conflict identification: Early recognition and informal resolution of issues can prevent escalation.

• Monitor policy updates: Stay informed about the Government’s review of this change, and the proposed limitation period extension.

• Seek professional advice early: With extended conciliation periods, early legal input can help shape a more strategic response.

The guidance provided in this article is just that - guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice