On 5th November 2025, the Government published the draft The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025. The Regulations are due to come into force from 1st December 2025 would increase the ACAS early conciliation window from the current six weeks to twelve weeks.
Emma-Louise Hewitt, partner and head of our Employment team Sydney Mitchell, outlines the key dates and important steps for managing potential employment tribunal claims.
This new time window will apply for all claims where early conciliation is commenced on or after 1st December 2025, anything started before this date will be subject to the usual six-week period.
Currently we are aware that ACAS are telling perspective claimant’s that it may take up to 4 weeks to assign a conciliator to their case.It is clear that this change, when combined with the Employment Rights Bill proposal to extend the primary tribunal time limit to six months, could result in claims not being notified to employers for nine, or even twelve months taking into account administrative delays at the Tribunal.
There are important steps for managing potential employment tribunal claims, but with the conciliation period window now extended, it is vital to ensure that employers:
- Use the conciliation period well, the longer period gives more opportunity to resolve disputes and for employers to find out the basis of the complaint at an early stage to assist with any future preparation.
- Keep records of any ACAS Notifications received and note potential dates of when conciliation ends, and likely claim may be received.
- Preserve any documentation, including emails and records as well as take any relevant statements or evidence in relation to the case, as the passage of time can affect memory recall when witnesses need to provide evidence.This will assist in protecting the position of the employer.
It is important to note that the early conciliation time frame will be reviewed again in October 2026.
Get in touch
Emma-Louise Hewitt specialises in all areas of employment law acting for both employees and employers in a range of areas, including drafting contracts, handbooks, policies and procedures, advising on potential Employment Tribunal claims, and providing general day to day employment law advice and support to business owners, managers and HR advisors.
For comprehensive employment law advice, talk to us on 0808 166 8860 or send us an enquiry using our online enquiry form.
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