Employment tribunal early conciliation period doubles to 12 weeks

A significant new change means that individuals who want to take an employment case to a tribunal must first take part (or at least be offered the chance to take part) in a longer conciliation process.

The aim is to give both sides more time to reach a settlement without needing to go to tribunal, which could save time and reduce pressure on the tribunal system. The extension also offers claimants extra time to take legal advice or decide whether to proceed with their claim.

Here, Daisy Dickenson and Joe Shelston from our award-winning employment group explain how the early conciliation procedure works and what the new 12-week window means in practice.

A significant change to the early conciliation process

The Government has introduced this change in response to the increasing pressure placed on the Advisory, Conciliation and Arbitration Service (Acas). From 1 December 2025, the mandatory early conciliation period for Acas to promote a settlement between parties to an employment dispute will double from six weeks to 12. 

This amendment is being brought in by the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025 and will apply to any employment case notified to Acas for early conciliation on or after 1 December 2025. 

The early conciliation procedure explained

A prospective claimant who wishes to issue relevant employment tribunal proceedings must first comply with the early conciliation requirement. This involves submitting an early conciliation form online, by post or by telephoning Acas, which will complete the form on their behalf. 

At this stage, the prospective claimant must confirm whether they wish to participate in early conciliation. If the claimant agrees to conciliate, the matter is referred to an Acas conciliator, who’ll contact the prospective respondent to see if they agree to conciliate. The limitation period (timeframe) for bringing the claim is normally paused during the conciliation period, which allows claimants extra time to seek advice on their claims before deciding whether or not to proceed. Yet due to Acas backlogs, employers aren’t often notified that the early conciliation period has begun — leaving parties with insufficient time to reach a settlement. A longer period could help to address this issue.

Alternatively, if the prospective claimant or respondent declines conciliation, Acas issues an early conciliation certificate confirming compliance with the obligation to contact Acas — enabling the claimant to proceed to the employment tribunal.

Potential drawbacks for employers

The more sceptical among us would argue that extending the time limit is unlikely to change the overall outcome of a case and instead simply prolong the process. Yet if one or both parties don’t want to conciliate, they don’t have to — and the conciliation period will come to an end before the expiration of the 12 weeks. 

Doubling the early conciliation period — combined with the Government’s plan to extend the time limit for submitting Employment Tribunal claims from three to six months — also significantly increases the delay before employers even become aware of a claim. This prolonged uncertainty exposes employers to risks such as fading witness memories and lost documents.

The change further risks coming across as a sticking plaster in the context of the wider issue of the pressures currently faced not just by Acas but the wider employment tribunal system. Anecdotally, cases are being listed later — meaning that parties are having to face waits that run into years even in respect of relatively straightforward proceedings. The Government’s announcement — confirming that while the right not to be unfairly dismissed won’t be made a ‘day one’ right, the qualifying period for unfair dismissal claims will be reduced to six months (down from two years) has the potential to put Acas and the employment tribunal system under even more pressure when this comes into force.

Ongoing consultation & monitoring

While there are mixed opinions on whether the 12-week period will bring about meaningful change, it should be noted that major unions, business groups, legal stakeholders and devolved governments were consulted. 

The Government has also committed to monitoring the impact of this extension. A formal review is scheduled for October 2026 to assess whether the 12-week period achieves its intended objectives or further adjustments are required. This review will be critical in determining whether the policy remains in place or is revised.

Want to know more about how this change will impact you? Talk to our experienced employment dispute solicitors today — email hello@brabners.com, call 0333 004 4488 or fill in our contact form below.