UK: Workplace Disputes: Acas Early Conciliation
Authors: Stephen Miller, Sophie Jackson, and Charlotte Stern
The Acas Early Conciliation period is to be increased from six to 12 weeks from 1 December 2025.
The UK Government has published Regulations to increase the Early Conciliation (EC) period from six weeks to twelve weeks. The Regulations are due to come into force from 1 December 2025.
The EC period is the period within which Acas has a duty to help facilitate settlement once a claim has been notified to it. If no settlement is achieved within the EC period, Acas must issue an EC certificate bringing the process to an end.
This will apply to any case notified to Acas for EC on or after 1 December 2025.
The reason for this increase is to ease pressure on Acas following a rise in demand for EC, together with greater complexity of cases. The EC period will be reviewed again in October 2026 to decide if 12 weeks is still appropriate.
Key Action Points for Human Resources and In-house Counsel
This change, when combined with the proposal in the Employment Rights Bill to extend the time limit for bringing Employment Tribunal claims from three to six months, could result in employers being unaware of a potential claim for nine months or more. This means employers should:
- Ensure thorough contemporaneous notes and records are kept of key employment decisions as witnesses’ memories will fade over time.
- Check your data retention policy allows you to keep documents such as those relating to disciplinaries and grievances for long enough after the employee’s termination date to allow you to respond to claims.
