Extension of ACAS early conciliation window

Under the current rules, claimants must lodge any claim with the Employment Tribunal within three months of their dismissal or the last act complained of. Before doing so, they must contact the Advisory, Conciliation, and Arbitration Service (ACAS) to explore whether the matter can be resolved without litigation. This stage is known as the Early Conciliation (EC) process which, essentially “stops the clock” on the limitation period whilst negotiations are ongoing.

At present, the EC process can last for up to six weeks. During this time, ACAS conciliators liaise with the parties to see if a resolution can be achieved. Once the six-week period expires (or earlier, if either party indicates they do not wish to engage further) ACAS issues an EC certificate, after which the claimant may submit their claim to the Employment Tribunal. Claimants must carefully calculate the new limitation deadline to ensure their claim is issued in time.

From 1 December 2025, the EC process will be extended to twelve weeks. This change will apply to any claims where the EC process is commenced on or after this date.

What the change means

The extension gives parties a longer window to reach settlement before resorting to time consuming and costly litigation. However, it also means that employers may remain unaware of potential claims for a longer period.

ACAS is already under considerable strain, with conciliators often struggling to contact parties within the current six-week timeframe. The longer period may help conciliators engage in more meaningful discussions, but if service delays continue, employers could face even longer periods of uncertainty.

This change comes at a time when there is already concern among employers about the upcoming Employment Rights Bill which we expect to not only give employees day one unfair dismissal rights, but also to extend the time in which employees may bring their employment tribunal claims from three months to six months.

What employers should do

Employers should prepare for this change by reviewing their policies, practices and procedures to ensure they are ready to respond effectively to potential claims. It also remains advisable to seek legal advice before making decisions that may give rise to disputes of Employment Tribunal proceedings.

For advice, contact Faye Shortall in our Employment team on 01689 887896 or email faye.shortall@cwj.co.uk.