Early conciliation period extended to 12 weeks

Background

The government has introduced regulations to extend the maximum early conciliation (EC) period from 6 weeks to 12 weeks. The change will apply to any case notified to Acas on or after 1 December 2025.

The EC period is the mandatory timeframe during which Acas must try to promote settlement once a claim has been referred to it by facilitating discussions between the claimant and respondent. If no agreement is reached by the end of this period, Acas issues an EC certificate allowing the claimant to proceed to the Employment Tribunal.

According to the Explanatory Memorandum, the new extension is intended to ease operational pressures on Acas amid rising demand and increasing case complexity. The government will review the 12-week period in October 2026 to determine whether it remains appropriate.

Learning points for employers

Employers should be aware that early conciliation may now continue for up to 12 weeks before a claim can proceed to the Tribunal. While this allows more time for settlement discussions, it may also mean a longer period of uncertainty at the pre-claim stage.

For more information or advice, please contact Ella Straker in our Employment team.