The government has made amendments to increase the early conciliation period from six weeks to twelve weeks. This change will apply to any case notified to ACAS for early conciliation on or after 1 December 2025.
The limitation period to bring a claim in the employment tribunal, which is currently three months, is paused during the early conciliation process.
This means that an employee who notifies ACAS about a potential claim after 1 December 2025 will have a longer timeframe for conciliation before proceeding to issue a claim with the employment tribunal. Conversely, employers may face longer periods of uncertainty regarding potential claims made against them.
Following an increased demand for conciliation services, it is hoped that this change will help to ease pressure on ACAS. The change also aims to alleviate the current strain on the employment tribunal system which is currently experiencing a significant increase in claims. The Ministry of Justice reported a rise in claim submission of 23% in the year to March 2025. It is hoped that allowing more time for parties to negotiate a settlement will help to resolve disputes before formal tribunal proceedings are issued.
With the Employment Rights Bill set to receive royal assent in the coming weeks, this change may also be pre-empting an influx of claims following the overhaul of employment rights proposed by the Bill. Our breakdown of the Employment Rights Bill can be found here.
The early conciliation time frame will be reviewed again in October 2026.