Changes to ACAS Early Conciliation are coming into effect on 26 November 2026

From 26 November 2026, ACAS will no longer be required to contact an employer if it concludes that settlement between the parties is not possible.

For businesses, this is an important change, as it could mean losing an opportunity to address a dispute before formal Tribunal proceedings commence.

ACAS contact has traditionally acted as an early warning that an employee or former employee is considering bringing a claim, giving the employer the opportunity to understand the allegations, assess potential exposure, and take advice before deciding whether to resolve the matter before it progresses.

Due to the changes introduced by the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2026, this position will change, along with certain other aspects of the conciliation process.

Also included are requirements for anyone contacting ACAS regarding potential claims to confirm whether they wish to pursue settlement. If not, they will need to provide further information, including the employer’s contact details, whether they consent to ACAS contacting the employer, an indication of what the matter relates to, and confirmation of whether they have previously raised the matter with the employer.

Concerned about an employment dispute?

Changes to ACAS Early Conciliation make it increasingly important for employers to be prepared when workplace disputes arise.

Our employment law team can help you understand your responsibilities, assess potential risks and take the right steps to resolve disputes before they escalate.

Contact our team today for expert employment law advice.

This article was written by Gabrielle Scriven.