ACAS Early Conciliation Changes: Help or Hindrance?

Key Announcement and Dates

On 5 November 2025, it was announced that, with effect from 1 December 2025, the ACAS Early Conciliation period had doubled from 6 weeks to 12 weeks. This extended conciliation now applies to all claims where Early Conciliation starts on or after 1 December 2025. 

What Does This Mean for Employers and Employees?

Impact on employers

• Opportunity for Engagement: The 12-week period offers a greater opportunity to engage in the conciliation process. Many employers previously received Early Conciliation certificates with minimal or no engagement from ACAS, missing the chance to settle claims before they reached the Employment Tribunal (ET). Settling earlier saves time and significant litigation costs.
• Extended Uncertainty: Employers will face a protracted period of uncertainty. When coupled with the proposed extension of ET time limits (from three to six months) under the Employment Rights Bill, employers could wait nearly a full year to know if any employee has formally lodged a claim against them.

Importance of Documentation: Due to the extended timeline, maintaining a comprehensive and meticulous paper trail of all processes and actions will become even more critical, as recollections fade and key staff members may leave the business.

Impact on employees

For employees, the changes also represent a greater opportunity for conciliation and settlement.

• Increased Settlement Chance: The lack of engagement with employers to date has often meant that employees feel they have little option other than to issue a claim to protect their position due to a lack of employer response.

A system under strain

• System Relief (Unlikely): The underlying hope is that more successful conciliations will reduce the pressure on ACAS and the overwhelmed Employment Tribunals. However, given the current backlog of claims (52,000 claims as of March 2025) and the anticipated effects of the Employment Rights Bills, significant overall system relief remains unlikely.

The reaction to the announcement is divided:

• Criticism: The President of the Employment Lawyers Association, Caspar Glyn, has made his feelings clear on the subject, calling the announcement “devastating news for employment justice”, highlighting existing, extensive delays in final hearings being listed (2028-2029 in some parts of the country).
• Support: Other commentators welcome the change as an overdue chance for meaningful conciliation via ACAS,

Our view: While any measure to encourage conciliation and avoid adding to the current Employment Tribunals backlog is welcome, a mere 6-week extension is ultimately a stop-gap measure rather than a genuine solution.

How the current system is failing both parties:

• Claimants: Face immense stress and anxiety with potential 2-3 year waits for a hearing, resulting in delayed justice and unchecked bad conduct.
• Respondents: Struggle to defend claims lacking merit, especially when key personnel have left and firsthand recollections are no longer reliable.

The Employment Tribunal is already straining under increased use of DSARs and AI by Claimants, a lack of vetting, and limited effective case management for litigants have created an unprecedented backlog that shows no signs of abating – and this is before the Employment Rights Bill is enacted. The Employment Conciliation change does not address these challenges

How We Can Help

Whether you are an employer concerned about business uncertainty, or an employee considering a claim, seeking early legal advice can significantly influence both your strategy and the outcome.

For tailored legal advice, please contact Sophia Radford in our Employment Law team.

• Tel:  01258 488214
• Email: sophia.radford@blanchardsbailey.co.uk
• Locations: Blandford, Weymouth.

You can also visit the Employment Law page on our website for more information.