September 2026
As we flagged on social media recently, there’s an important change on the horizon for employers.
From 1st December 2025, the ACAS Early Conciliation period will extend from 6 weeks to 12 weeks.
What does this mean for your business?
Early Conciliation (EC) is a mandatory step before most employment tribunal claims can proceed. The extension to 12 weeks gives employees more time to raise potential claims and engage in conciliation. While this could provide more opportunity for disputes to be resolved without formal litigation, it also means employers may remain unaware of potential claims for longer than before – potentially up to 9 months or even a year, taking into account current tribunal processing delays.
Key considerations for employers:
- Review internal processes: Ensure HR teams are prepared to respond promptly to EC notifications and maintain accurate records.
- Stay proactive: Longer conciliation periods may provide more time to resolve issues amicably but also increase the period of uncertainty regarding potential claims.
- Seek timely advice: Engaging legal advisors early can help you understand potential risks, respond effectively if contacted by ACAS, and explore options to resolve disputes before they escalate.
This change underscores the importance of having robust employment practices, clear grievance procedures, and effective communication with employees. Early intervention and careful management of workplace issues can reduce the likelihood of claims escalating to tribunal proceedings.
We will continue to monitor this development and, where necessary, provide practical guidance on how employers can navigate the new EC period effectively.
For expert legal guidance on how this can effect you or future claims, contact our Employment team.
