Early conciliation period extended to twelve weeks

From 1 December 2025, the Early Conciliation period will double from six to twelve weeks.

For employers, it’s a shift that will change how long a dispute sits in the background, how quickly issues need to be picked up internally, and how much time you’ll have to settle matters before litigation becomes a real possibility.

Early Conciliation already plays a pivotal role in the route to an Employment Tribunal. It’s the stage where ACAS steps in to try to resolve disagreements before they escalate, and where employers often get their first indication that something has gone wrong. Doubling the timeframe means that conversations, negotiations, and risks will run for much longer, and that has real implications for HR teams and organisations of all sizes.

So, what does this extended window actually mean in practice? And how should employers prepare for it now?

What is early conciliation?

Early Conciliation has been a mandatory step for most Employment Tribunal claims since April 2014. Before a claimant can submit a claim, they must inform ACAS by lodging an Early Conciliation matter. ACAS then issues an Early Conciliation Certificate – complete with a reference number – which must accompany any tribunal claim. Without it, the tribunal won’t accept the case.

The aim of Early Conciliation is to give both sides a meaningful chance to resolve workplace disputes without entering litigation. ACAS acts as a neutral facilitator, offering conciliation between the claimant and the prospective respondent, usually the employer or former employer.

Once ACAS gets involved, the claimant can either decline the process or agree to take part. If they decline, ACAS issues a certificate and the employer generally won’t know about the issue until the tribunal claim arrives. If both parties agree, mediation begins. Either party can end the mediation at any time, and ACAS will issue the certificate even before the end of the usual conciliation window. Mediation can also continue beyond that window if both sides want to keep talking.

Most resolutions reached through this route involve a financial settlement recorded in a legally binding COT3 agreement. Claimants don’t need legal advice to enter into a COT3, because it’s an ACAS-led process. It’s worth noting that the usual three-month tribunal deadline pauses for the duration of Early Conciliation, giving claimants additional time to submit their claim.

Why is the early conciliation period being extended?

The Government’s decision to extend Early Conciliation to 12 weeks is driven by increasing pressure on both ACAS and the Employment Tribunal system.

Conciliation notifications have risen sharply in recent years. That’s down to a mix of factors, including higher employee awareness of rights, easier access to online resources and the growing use of AI tools to draft claims. ACAS is experiencing significant strain as a result. Some parties report minimal contact from a conciliator until the very end of the current six-week window.

At the same time, tribunal backlogs continue to grow. As of March 2025, more than 52,000 cases were outstanding, roughly a 25% increase since March 2024. Overall open cases have risen by around 11%. Final hearings are often scheduled a year or more ahead, and many are postponed due to a shortage of judicial resource.

Extending Early Conciliation is intended to create space for more meaningful engagement before a claim progresses and, ultimately, to improve access to justice.

What does this mean for employers?

The extended window brings clear opportunities but also several challenges.

On the positive side, employers gain more time to understand the dispute, seek advice and attempt to settle issues before litigation becomes inevitable. This breathing room can help organisations evaluate risk and potentially settle at an earlier stage. In some cases, employees may move into new roles during this period, which could reduce overall compensation risk.

However, there’s a downside. Early Conciliation already delays when an employer first becomes aware of a claim, and doubling the timeframe means some organisations won’t know about potential litigation for months. When combined with the Employment Rights Bill – which will extend tribunal claim time limits from three to six months – employers could face up to nine months of uncertainty before a claim even lands.

Longer negotiation periods increase the workload on HR teams, often adding stress and disruption. Extended timelines can harden positions rather than soften them, making disputes more entrenched. And with more time available, claimants may gain leverage, pushing employers toward early settlement simply to avoid months of uncertainty.

What should employers do now?

With these changes on the horizon, now is the moment to shore up internal practices. Employers should:

• Revisit internal processes for handling concerns so disputes are addressed promptly and fairly.
• Give managers the training they need to handle grievances confidently, including how to run investigations.
• Strengthen documentation. The longer the gap before litigation, the more memories fade, so clear and dated records are essential. Keep minutes, notes, and evidence organised and accessible.
• Make sure relevant managers understand the conciliation process and how to engage constructively at an early stage.
• Treat ACAS notifications as high-priority. Delays only increase risk.
• Ensure you have access to legal support to sense-check decisions and negotiate effectively.