Acas Early Conciliation: time limits extended to 12 weeks – what you need to know

From 1 December 2025, the maximum period for Acas Early Conciliation (EC) will double from six weeks to 12 weeks under the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025. This change is significant for both employees considering claims and employers managing potential disputes.

What is Acas Early Conciliation?

Early Conciliation is a mandatory pre-claim process for most Employment Tribunal cases. Before lodging a claim, a prospective claimant must notify Acas, which then offers to facilitate settlement between the parties. The process is free, confidential, and aims to resolve disputes without the cost and stress of tribunal proceedings. While claimants are required to start EC before bringing most Employment Tribunal claims, participation in settlement discussions during the process remains entirely voluntary for both parties.

When EC starts, the limitation period or 'clock' for tribunal claims is paused. If conciliation fails, Acas issues an EC certificate, which is required to submit an Employment Tribunal claim (an ET1). Until now, the maximum EC period was six weeks; from 1 December 2025, this will increase to 12 weeks for notifications made on or after that date.

What is changing and why?

The extension to 12 weeks is intended to ease pressure on Acas and the tribunal system, which is facing record backlogs – there were 45,000 single claims live at the end of March 2025. The Government's Explanatory Memorandum explains that it is aimed at addressing resource constraints and rising case complexity.

From experience, we are finding that due to the backlog, it often takes at least two weeks from the filing of a claim for an Acas conciliator to be appointed, leaving parties with only a fraction of the six-week period to negotiate. The longer window should allow more meaningful engagement and improve settlement rates.

The Government will review the effectiveness of the 12-week period in October 2026 to decide whether it should remain or revert to a shorter timeframe.

Implications for Claimants and Respondents

Reduced pressure on Tribunal and Acas:

 The extension should help reduce pressure on Acas by providing more time to allocate conciliators and manage workloads. While this may mean that more complex cases remain with a conciliator for up to 12 weeks instead of six, the additional flexibility could assist in easing the current Employment Tribunal backlog.

Impact on limitation periods:

The EC period allows parties the opportunity to settle disputes without litigation. The 'stop-the-clock' rule means the overall period to bring a claim is lengthened. For example, under the current three-month limit, a claimant could start EC late in that period, run 12 weeks of conciliation, and still have at least one month once an EC certificate is issued in which to file a claim. If the Employment Rights Bill’s proposal to extend tribunal time limits to six months comes into force in 2026, the overall timeframe for bringing a claim could stretch to nine or ten months.

For claimants, this means longer in which to bring a claim and may mean quicker access to conciliators. For respondents, this could reduce the risk of rushed negotiations, though it may also prolong uncertainty.

Interplay with DSARs:

This extension could be advantageous for claimants who submit a Data Subject Access Request (DSAR) around the time they notify Acas of their intention to bring a claim. Employers typically have up to three months to respond to DSARs, and the additional EC time means claimants are more likely to receive their personal data before deciding whether to proceed to tribunal. 

For employers, the longer EC period may increase the administrative burden if a DSAR is also brought. They are more likely to need to manage DSAR compliance alongside EC discussions, which can be resource-intensive and disruptive, particularly where large volumes of data are involved. This may increase strategic complexity for employers, as DSAR disclosures may influence settlement discussions.

Prolonged uncertainty:

For claimants, longer timelines may provide breathing space to gather evidence and consider options, but could also delay resolution and prolong stress.

Employers may not receive notice of a dispute until months after the event, requiring extended monitoring of potential disputes and complicating evidence retention and witness recollection. These longer timelines emphasise the importance of HR teams maintaining accurate records and preparing for delayed claims.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, November 2025