Acas early conciliation period increased from six to 12 weeks

When submitting a claim to an employment tribunal, it is mandatory (except in very limited circumstances) for the claimant to have gone through, in some way, the Acas early conciliation process.

Due to an ever-increasing backlog of cases that are to go through early conciliation, the Government has passed The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025 (the “Regulations”) which extend the maximum period for early conciliation from six to 12 weeks.

What is the early conciliation period?

Once a prospective claimant notifies Acas that early conciliation is to start, Acas must endeavour to promote settlement between the prospective claimant and the prospective respondent (typically, their employer or former employer). Once either Acas determines that settlement will not be reached, or settlement is not achieved in the maximum period allowed for early conciliation, Acas issues an early conciliation certificate to the prospective claimant which they need in order to bring an employment tribunal claim (except in very limited circumstances). 

Employment tribunal claims, in most cases, must be brought within three months of the event about which the claimant is making a claim (for example, their dismissal). During the early conciliation period, the ‘clock is stopped’ on that time limit counting down and so, in effect, the period of early conciliation extends the time limit for bringing the claim to a later date.  

The maximum early conciliation period is currently six weeks but, for cases that Acas are notified about from 1 December 2025 onwards, that maximum period will be 12 weeks. 

Why has the early conciliation period been increased? 

The Explanatory Memorandum to the Regulations states that the maximum early conciliation period has been stretched to 12 weeks to ease the pressure on Acas following a rise in the demand for early conciliation and an increase in the complexity of cases. The Explanatory Memorandum also states that the 12 week maximum period will be reviewed again in October 2026.

Key points for employers

The longer early conciliation period will, of course, allow more time for prospective claimants and respondents to try to broker a settlement of the employment tribunal claim the prospective claimant has in mind. However, it will also extend the time limit for bringing a claim and so, along with the administrative backlog in employment tribunals, it may well be more than six months since the event about which the claimant is making a claim, before the respondent receives the claim.

With that in mind, employers should consider whether their current retention policy for employment records and other related documents is fit for purpose, particularly when an employee has left their employment following a dispute or against their will.