ACAS Early Conciliation period to be extended from 1st December 2025

November 21st 2025

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For the majority of employment tribunal proceedings, employees must go through ACAS Early Conciliation (EC) before they are able to make a claim in an Employment Tribunal. This process can extend the time for bringing a claim.

Who is ACAS?

ACAS, which stands for the Advisory, Conciliation and Arbitration Service, is an independent and impartial organisation that helps parties reach settlements in employment disputes.

What types of claims have to go through EC?

Types of claims that EC is required for include unfair dismissal, discrimination claims and holiday pay.

What is the EC process and how is this changing?

To start the EC, an employee must submit an EC form, online or by post or by telephoning ACAS who will complete the form for them. This has to contain certain information including the name and address of the prospective respondent/employer. ACAS then has a set time to promote settlement.

When the process has been completed and settlement has not been reached, then ACAS will issue a certificate. On this certificate will be certain information including an EC reference number which will be needed to make a claim in an Employment Tribunal.

Originally, the EC period was one month, with a possible 14-day extension if a settlement seemed likely. On 1 December 2020, this changed to six weeks, and extensions were removed.

For any EC period starting on or after 1 December 2025, the EC period is 12 weeks.

What does this mean for employer?

This could mean that an employer will not hear about an employment tribunal case until 9 to 12 months after an employee leaves.

Data Retention policies which should be part of an organisation’s overall data management regime should be reviewed in light of this.

Why is this being changed?

There apparently has been a rise in demand for EC and this extension is to help ease the pressure on ACAS. The EC period will be reviewed again in October 2026.

The contents of this article is a general guide only at the date of publication. It is not comprehensive, and it does not constitute legal advice. Specific legal advice should be sought in relation to the particular facts of a given situation.

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Working to deliver tailored advice with empathy and intelligence.

ACAS Early Conciliation period to be extended from 1st December 2025

November 21st 2025

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