Ask the Expert: ACAS Early Conciliation Explained

At HR:4UK, we know that keeping up with employment law changes can be a challenge, particularly when the updates are made quietly and without much fanfare. One such change, announced towards the end of last year, will significantly affect how long employment disputes take to move through the system. From 1st December 2025, the Government will double the length of the ACAS Early Conciliation period from six to twelve weeks. I sat down with Izzy an HR Consultant to talk about what this means for employers and why it’s more than just a procedural tweak.

Today we’re talking about a procedural change that’s likely to fly under the radar for many business owners but could have a real impact on how long employment disputes take to resolve.

Izzy, can you explain what’s changing with ACAS Early Conciliation?

Izzy: Absolutely. From 1st December 2025, the Government is extended the maximum period for ACAS Early Conciliation from six weeks to twelve. This means that once someone starts the conciliation process with ACAS — which is the mandatory first step before bringing an Employment Tribunal claim — ACAS will now have up to twelve weeks to try to help both parties reach a settlement before a claim is lodged.

For those who might not deal with this regularly, what exactly is ACAS Early Conciliation and why does it matter?

Izzy: Before an employee can make a claim to the Employment Tribunal, they must first notify ACAS. ACAS then contacts both the claimant and the employer to see if the dispute can be resolved without going to court. If a settlement can’t be reached, ACAS issues an Early Conciliation Certificate, which the claimant needs to submit their claim. It’s intended to save time, stress, and money by resolving disputes early but in practice, it doesn’t always work out that smoothly.

So why has the Government decided to double the time period?

Izzy: In short, the system is struggling. There’s already a serious backlog in the Employment Tribunal system, and now even ACAS has been affected. Employers have reported receiving notice that conciliation has started only after the original six-week period had expired, which defeats the purpose of the process. The idea behind doubling the period to twelve weeks is to give ACAS more time to contact employers and manage their workload. But this isn’t necessarily good news for businesses.

Why do you say that? Wouldn’t a longer period give more opportunity to settle disputes?

Izzy: In theory, yes but these longer timeframes could make things worse. The longer it takes to get clarity on whether a claim is being made, the harder it becomes for employers to investigate what happened, keep evidence fresh, and retain key witnesses. Employees move on, managers change, and memories fade. By the time a case reaches the Tribunal, it could be a year or more since the original issue occurred.

And how does this link to the Employment Rights Bill (which is now an Act) that’s also coming through?

Izzy: That’s an important point. One of the key changes under the Employment Rights Act is the extension of the time limit for bringing a claim, increasing it from three months to six months.  When you combine that with the new twelve-week conciliation period, employers could be waiting around nine months before even knowing if a claim has been submitted. Add to that the Tribunal backlog, and you’re potentially looking at well over a year before a case is heard.  It is not unheard of cases being listed for hearings in 2027!

That’s a long time for an issue to hang over a business.

Izzy: Exactly. It’s incredibly disruptive for employers, especially small businesses. You can have something that happened in early 2025 still unresolved well into 2026. That uncertainty is stressful for everyone involved and makes it difficult for businesses to move forward confidently. It also makes it harder to plan, as key staff or witnesses may have left by the time a hearing is finally listed.

The Government says this will help encourage settlement. Do you agree?

Izzy: I’m sceptical. Extending time limits doesn’t necessarily lead to more settlements,  it just drags things out. Most settlements happen when both sides are motivated to resolve things quickly. Stretching the timeline could take away that sense of urgency, meaning disputes linger instead of being dealt with promptly. It also leaves both employers and employees in limbo for much longer.

What can business owners do to prepare for this change?

Izzy: The key is to act swiftly and document everything. If a dispute arises, gather and store evidence early.  Things such as witness statements, emails, and notes of meetings etc. Don’t assume a matter has gone away just because you haven’t heard anything for a few months. Keep your records and witness contact details up to date. It’s also worth reviewing your internal procedures to ensure you’re addressing grievances and disciplinary issues fairly and consistently at the earliest opportunity. The stronger your internal processes, the better your position if something later goes to conciliation or Tribunal.

Do you think we’ll see any positive impact from this change?

Izzy: It’s possible that ACAS will be able to manage their caseloads more effectively, and perhaps a few more cases might settle before reaching the Tribunal. But overall, I think this change is more about managing system pressure than improving outcomes. It’s another example of how the employment dispute system is under strain. Businesses will need to be even more proactive and patient in navigating it.

Thank you, Izzy, that’s insightful… any final thoughts for employers?

Izzy: Don’t be caught off guard. While this might sound like a minor procedural change, it has real implications for how long disputes take to resolve. Make sure your managers understand the importance of early intervention and documentation. And if you’re ever unsure, get HR advice early as that’s often the best way to prevent a small issue from becoming a lengthy legal battle.

These changes to ACAS Early Conciliation may not have made the headlines, but they’ll have a real impact on how quickly disputes move through the system. At HR:4UK, we’ll continue to keep our clients informed and supported through these legal developments. If you’re facing a potential claim or simply want to strengthen your internal processes to reduce the risk of disputes, our team is here to help — contact us at [email protected] for expert HR advice and support.