More time to make amends or greater uncertainty for employers? ACAS early conciliation period set to double

Pursuant to regulations published yesterday, the period for ACAS early conciliation will double from six weeks to twelve weeks for any conciliation process initiated on or after 1 December 2025.

As employers will know, before a prospective claimant can bring a claim in the employment tribunal, they must first go through early conciliation. If a resolution isn’t reached during the six-week conciliation period, ACAS will issue an early conciliation certificate - which is required in order for the employee to bring a claim. 

Over the past few years, in part due to the rise in employment claims, it has become increasingly common for the certificate to be issued after that six-week period and before the employer has received any communication from ACAS regarding conciliation. This is undermining the purpose and efficacy of the process. Clearly the extended conciliation period is intended to remedy that and improve the prospect of early resolution, but what else does it mean for employers?

Whilst prospective claimants will still need to begin the conciliation process before the end of the three-month limitation period applicable to the vast majority of employment claims, given its stretched resources, ACAS may not contact the employer for up to six months following the relevant act/omission (for example, the employee's dismissal). Employers may therefore be waiting up to six months to find out whether a claim will actually materialise. 

Employers should also be aware that the Employment Rights Bill is proposing to extend that three-month limitation period to six months in October next year, meaning an even longer period of uncertainty for employers.