Employment TRibunals; early conciliation, double the time but not necessarily double the fun!

Earlier this month, ACAS announced that they will be extending the timelines for the Early Conciliation period.

Currently, before any tribunal claim is formally issued, ACAS invites claimants to go through Early Conciliation. This lasts six weeks, and the aim is to achieve a mutual settlement, generally on financial terms, to avoid the claim progressing to a formal hearing. From 1st December 2025, this 6 week window will increase to 12 weeks.

This change is significant because, over the past few months, it has become increasingly difficult for ACAS to complete conciliations in real time due to workload backlogs. The extended timeframe appears to be a response to that operational pressure.

One consequence of this is that negotiations may become easier for respondents (i.e., businesses), as there will be less urgency behind the claim; it will take three months just to complete the initial stage.

We’re seeing that many claimants already feel frustrated by delays and may prefer to progress to a formal tribunal more quickly if they believe they have a reasonable grievance. As a result, some individuals may choose not to participate in conciliation at all.

If they do bypass conciliation, this puts the pressure back on employers, who will then have only the usual four week period to respond to the claim. In some cases, this may actually benefit the claimant, as businesses may need to incur legal costs earlier in the process to prepare their response.

If you need any help with this or any other HR matters relating to your people, please get in touch.