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The Government has published draft Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025, which will extend the ACAS early conciliation period from six weeks to twelve weeks. The Regulations are due to come into force on 1 December 2025 and will apply to all cases where early conciliation begins on or after that date.
Early conciliation is a mandatory step before most employment tribunal claims can proceed, intended to give parties the opportunity to resolve disputes without litigation. The extension aims to give ACAS additional time to contact the parties and facilitate settlements, amid growing caseloads and resource pressures.
However, the change has raised concern among employers who already report difficulties being contacted within the current six-week period. When combined with the Employment Rights Bill’s proposed extension of tribunal limitation periods to six months, the reform could mean employers remain unaware of potential claims for up to nine months or even a year if administrative delays occur.
If you’re concerned about how these changes could affect your organisation, our employment team can help you assess risk and prepare. Get in touch with Backhouse Jones for tailored advice.
This article was written by Gabrielle Scriven.