Acas Early Conciliation period doubles: What employers need to know

From 1 December 2025, a major procedural reform to the Employment Tribunal (ET) system came into force.

The standard Early Conciliation (EC) window managed by Acas has been doubled from six weeks to twelve. For employers, the reform represents one of the most practical shifts in the ET claims landscape in recent years.

Adrian Hoggarth, Head of Employment Law at Jurit LLP, examines the change, why it has been introduced, and what employers must now prepare for.

The increase in the EC period is intended as a positive and necessary intervention to support a system that, in recent times, has been buckling under operational pressure.

Tribunal claims have risen significantly in 2025, driven in part by the rapid adoption of AI tools that make it easier and faster for individuals to draft and file claims.

With the Employment Rights Bill predicted to increase the volume of cases further still, Acas found itself unable to progress meaningful conciliation within the previous six-week window, with many employers only being contacted near the end of the period, undermining the very purpose of early conciliation.

Extending the conciliation window to twelve weeks aims to restore the viability of early resolution, reduce demand on an overstretched tribunal system, and create space for more constructive settlement dialogue.

What is changing and why

Any EC notifications submitted on or after 1 December 2025 now automatically fall within a 12-week conciliation window. Notifications submitted before this date remain subject to the previous six-week period.

As before, the statutory limitation clock pauses during EC. Doubling the conciliation period therefore materially extends the period during which organisations remain in limbo, assessing whether a claim will be raised and preparing accordingly.

The Government has cited three main drivers for the change:

• A sharp increase in claim volumes and complexity, including those initiated using AI-enabled tools, which has placed unprecedented pressure on Acas.
• A conciliation process that has effectively broken down, with employers often contacted too late in the window for meaningful engagement.
• Persistent tribunal backlogs, with hearings often listed years after the events in dispute.

The reform is designed to create the time and space needed to support genuine early resolution. If successful, it could significantly reduce pressure on already overstretched tribunals and improve the experience for both employers and employees.

But important unintended consequences remain. Whilst the change is welcome, it also presents practical challenges, particularly for smaller businesses without formal HR infrastructure, as Adrian explains:

“The longer the process of conciliation continues, the more complex it becomes to retain evidence, preserve institutional memory, and manage risk. We have seen this first-hand, with some cases taking two years or more to reach the tribunal, by which point witnesses have moved on and memories have faded.”

What this means for employers

1. Extended exposure and prolonged uncertainty

Employers must now navigate a three-month conciliation period before knowing whether a formal claim will be submitted. This extended window increases the need to gather evidence, monitor risk, engage internal stakeholders, and maintain a consistent strategy.

Adrian notes the downstream implications: “We are seeing matters listed two years or more after the event, where witnesses have left and recollection is impaired. This naturally increases the burden on employers to preserve information robustly at an early stage.”

2. Greater emphasis on documentation and record-keeping

The longer conciliation period heightens the need for systematic evidence preservation. Informal or decentralised processes will become increasingly risky. Emails, investigation notes, performance records and other relevant documents must be retained and accessible for longer—an administrative challenge for smaller teams.

3. More opportunity for strategic settlement

For many employers, the extended period may offer advantages. It provides:

• A larger window for meaningful engagement via Acas
• Time to complete internal investigations
• Opportunity to clarify legal positions
• Scope to explore commercial settlement before litigation commences

Organisations with strong HR governance will benefit most from this increased flexibility.

4. Increased administrative burden

Larger employers may see higher conciliation volumes simply due to scale, requiring adjustments to case-tracking systems, escalation protocols and delegation frameworks. Smaller organisations, lacking dedicated HR or employee relations resources, may feel the operational burden more acutely.

5. Impact on limitation periods

Because the limitation clock pauses during Early Conciliation, the effective period in which a claimant can bring a claim is now considerably longer. Employers will need to reassess risk timelines and maintain oversight of potential disputes for extended periods.

What employers should do now

Adrian recommends that organisations act proactively to strengthen internal systems and prepare for the longer conciliation period:

1. Enhance document-retention and evidence-management processes, ensuring relevant material is captured, stored consistently, and accessible long term.
2. Update internal tracking systems to reflect the 12-week window and ensure that HR teams and line managers understand and operate to the extended timeline.
3. Establish clear settlement parameters, including delegated authority, negotiation boundaries and approval processes.
4. Train managers to identify and escalate early signs of conflict, improving opportunities for internal resolution before formal action begins.
5. Review capacity and case-handling protocols, particularly in smaller organisations that may require external support to manage prolonged conciliation activity.

The extension of the Early Conciliation period is a constructive and timely attempt to ease pressure on an overstretched tribunal system and restore the effectiveness of early dispute resolution.

While the reform brings increased administrative obligations and longer periods of uncertainty, it also presents a valuable opportunity to resolve matters without the time, cost, and reputational exposure of litigation.

Organisations that invest now in robust documentation, governance and decision-making frameworks will be best placed to benefit from the new regime.

For tailored advice on how the EC extension may affect your organisation, Jurit’s employment law team is available to support you.