Acas early conciliation period set to double to 12 weeks

The government has confirmed changes to the Acas early conciliation process, extending the maximum conciliation period from six weeks to twelve weeks.

The change applies to all early conciliation notifications submitted to Acas on or after 1 December 2025 and is intended to encourage more disputes to be resolved without the need for an employment tribunal.

What is Acas early conciliation?

Acas early conciliation is a free, confidential and impartial process designed to help employers and employees resolve workplace disputes either before a tribunal claim is issued or while a claim is ongoing.

An independent Acas conciliator works with both parties to explore whether a settlement can be reached. Where agreement is achieved, this is recorded in a legally binding COT3 agreement.

If no agreement is reached, the employee is issued with an early conciliation certificate, allowing them to proceed with a tribunal claim.

How the process works

An employee notifies Acas of their intention to bring a tribunal claim.
An Acas conciliator contacts both parties to explore settlement options.
If agreement is reached, a legally binding COT3 agreement is drawn up.
If not, Acas issues an early conciliation certificate so the claim can progress.

Importantly, the early conciliation period pauses the tribunal time limit, protecting the employee’s ability to lodge a claim if settlement is not achieved.

What is changing?

Currently, early conciliation can last up to six weeks, although it may end sooner if:

Both parties agree no settlement is possible
One party refuses to engage

From 1 December 2025, a new regulation will extend the conciliation window to a maximum of 12 weeks.

This change applies to:

All early conciliation forms submitted on or after 1 December 2025

The extended period will be reviewed again in October 2026 to assess whether 12 weeks remains appropriate.

What does this mean for employers?

The extended conciliation period gives employers:

More time to explore settlement options without tribunal pressure
Greater opportunity to resolve disputes early and cost-effectively
A longer window in which matters may remain unresolved and ongoing

While this may reduce the number of claims progressing to tribunal, it also means disputes may remain “live” for longer, requiring careful management and consistent strategy.

Early engagement, clear decision-making and a strong understanding of risk will be key during the extended conciliation period.

How we can help

Managing early conciliation effectively can make a significant difference to outcomes.

Taking the right approach early can reduce cost, disruption and reputational risk while ensuring any resolution is robust and legally sound.

Useful related information can be found here:

If you’d like advice on handling Acas early conciliation, or understanding how these changes may affect your business, we’re here to help!

📞 Contact Elcons Employment Law today: 0800 014 9595