Acas early conciliation extended to 12 weeks

Lauren Ogden, Associate

Acas (Advisory, Conciliation and Arbitration Service) plays a crucial role in helping resolve workplace disputes without the need for employment tribunals. The early conciliation, or EC, process is a mandatory, confidential, and free service that pauses tribunal time limits while the parties explore settlement.

What has changed?

• Timeframe extended: From 1 December 2025, the maximum duration for EC has been increased from 6 weeks to 12 weeks for all notifications submitted on or after that date.
• Transition rule: Any cases initiated before 30 November 2025 will continue under the previous 6-week limit.

Why the extension?

There has been mounting pressure on EC services with a huge increase in demand and cases being submitted. There were over 117,000 EC cases handled in 2024/2025 and approximately 45,000 live cases at the end of March 2025.

The backlogs in the system meant some cases would not be allocated to a conciliator before the 6-week period had ended. This resulted in EC certificates being automatically issued before the parties had the opportunity to have any meaningful settlement discussions.

Benefits

• More time to negotiate: The extension provides a longer window for discussions which may result in early settlement, reducing the cost of legal fees and avoiding the time and stress of a tribunal claim.
• Better planning: Extended time helps with case preparation, record-keeping, and negotiation strategies.
• More space for reflection: Both parties can gather evidence, seek advice, and consider settlement offers without time pressure.
• Reduced pressure on tribunals: The extension should allow the parties more opportunity to reach a settlement which could reduce the number of claims being issued in the tribunals.

Risks

• Increased uncertainty: Employers may be left unaware of potential claims for longer periods, especially when tribunal limitation periods are also extended under the Employment Rights Act. Employees will also have longer to wait for an outcome to their potential claims.
• Possible escalation: The longer timeframe might lead to increased confidence in filing claims if settlement isn’t reached.

How to manage the process

• Keep track of EC notifications and when the 12-week period ends.
• Assign ownership: ensure someone, such as an HR manager or solicitors, takes responsibility and engages with the process.
• Preserve documentation relating to the case early, including emails and internal records. These will be disclosable if a tribunal claim is issued and with the extended time periods, it could be over two years before a final hearing.
• Engage proactively with Acas.
• Seek timely advice, both internal and from legal advisors, to guide negotiations effectively.
• Maintain communication with the employee in dispute, demonstrating openness and willingness to resolve issues.

Future Changes

• Initial impact review: The government will evaluate the effectiveness of this 12-week period in October 2026 to decide whether to maintain or adjust it.
• The Employment Rights Act is proposing an extension of the tribunal limitation period from 3 months to 6 months, potentially extending the overall claim timeline to nine months or more.

The extension of Acas early conciliation to 12 weeks marks a significant shift in managing employment disputes. For HR professionals and business owners, this presents both opportunities for more effective resolution and challenges related to managing prolonged uncertainty.

If your business has been contacted by Acas regarding a potential claim, we can assist by conducting the early conciliation period on your behalf. Please contact info@kuits.com or 0161 832 3434 for more information.