From the 1st December 2025, the window for entering early conciliation with ACAS will double from 6 to 12 weeks, under the new Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025.

Early conciliation is a mandatory step before most employment tribunal claims, giving employers and employees the opportunity to resolve disputes without going to court. However, growing pressure on ACAS and mounting tribunal backlogs; which now exceed 50,000 cases according to estimations,  have led to longer wait times and minimal engagement in some cases.

While the government says this change gives both sides more time to reach agreement, many legal experts argue it could delay the resolution of claims even further. For employers, this means potential claims may remain unresolved for months, particularly when combined with the forthcoming extension of tribunal claim time limits from three to six months under the Employment Rights Bill.

Despite the uncertainty, this change offers an opportunity for employers to rethink their approach to dispute resolution. Businesses should ensure they have processes to tackle early conciliation, handling ACAS contact and dealing with potential claims.

According to ACAS, early conciliation remains an effective tool with 9 out of 10 cases being resolved before reaching tribunal between 2021 and 2025. The extended timeframe aims to maintain this success rate by allowing more time for meaningful dialogue.

Our Take

At Empowr, we believe early, proactive communication is the best way to prevent workplace disputes from escalating. Employers should use this extended window not as a delay, but as an opportunity to engage constructively, seek fair outcomes, and protect valuable relationships.

If you’d like support in navigating conciliation or handling complex employee issues, our pragmatic HR experts are here to help. Get in touch at hello@empowr.uk