GB
Early Conciliation is the Acas process that gives employees and employers a chance to resolve a workplace dispute before an Employment Tribunal claim is issued - and the process can now last for up to 12 weeks.
Think of it as the formal “let’s try to sort this out before we lawyer-up” stage. An Acas conciliator speaks to each side, explores whether an agreement can be reached and, if a deal is agreed, records it in a legally binding COT3. If there is no settlement, Acas issues an Early Conciliation certificate so the claimant can move ahead with a Tribunal claim.
Notifying Acas is required before most Employment Tribunal claims, although taking part in settlement discussions is voluntary. While Early Conciliation is under way, the usual Tribunal limitation clock is paused.
ACAS Early Conciliation is a free, confidential process in which an impartial Acas conciliator helps an employee and employer try to settle a workplace dispute without going to an Employment Tribunal.
A prospective claimant must notify Acas before bringing most Employment Tribunal claims. Either side can decline to negotiate, but the claimant will usually need an Early Conciliation certificate number before submitting their ET1 claim form.
Early Conciliation now lasts for up to 12 weeks, double the previous six-week period. The 12-week rule applies where the prospective claimant submitted their Early Conciliation notification to Acas on or after 1 December 2025.
The change was made by the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025. Notifications submitted before 1 December 2025 remained subject to the previous six-week period, so older disputes may still need to be checked against the transitional rule.
The point of the longer window is straightforward: it gives the parties and Acas more time to explore settlement before proceedings are issued, while helping to manage pressure on the Tribunal system. It does not mean every case will take 12 weeks; Acas may issue the certificate sooner if either party declines conciliation or settlement is not achievable.
For most claims arising before 1 October 2026, the starting time limit remains three months minus one day from the relevant event - for example, the effective date of termination in an unfair dismissal claim or the discriminatory act complained of. A claimant normally needs to notify Acas within that period.
The limitation clock is stopped during Early Conciliation and is adjusted when the certificate is issued. Where the adjusted deadline would otherwise leave less time, the claimant will generally have at least one month from receipt of the certificate to present the claim. The calculation can be technical, and the exact deadline depends on the dates and type of claim.
In practical terms, the combination of the original three-month window, up to 12 weeks of Early Conciliation and the post-certificate period means an employer may not receive a claim until roughly seven months after the event. Good record-keeping has therefore moved from “important” to “absolutely essential”.
From 1 October 2026, the standard time limit for most Employment Tribunal claims will increase from three months to six months where the workplace event occurs on or after that date. This is now a confirmed change, rather than a proposal. The Government’s employment changes guidance explains the commencement rules, including separate timing for certain breach of contract claims in Scotland.
Once the six-month limit applies, it can sit alongside the 12-week Early Conciliation period and the post-certificate extension. Depending on the dates, an employer could therefore receive a claim around ten months after the underlying event. That longer tail increases the risk of memories fading, managers moving on and documents becoming difficult to find.
Review contracts and HR policies. Make sure grievance, disciplinary, performance, absence and redundancy procedures are legally sound, easy to follow and reflect how the business actually operates. Clear processes reduce the risk of a dispute arising and make the employer’s position easier to defend if one does.
Strengthen record-keeping. Keep accurate, accessible records of grievances, disciplinaries, performance concerns, consultation meetings, redundancy selection and decision-making. Review retention periods so key material is not deleted before the extended claim window has expired, while still complying with data protection principles and your retention policy.
Train managers. Give managers practical training on handling grievances, disciplinaries and redundancies fairly and consistently. Many Tribunal disputes turn on what happened, and what was documented, long before Acas became involved.
A longer conciliation window gives employers more time to resolve disputes, but it also leaves risk open for longer. We can help you assess the claim, protect evidence, shape your negotiation strategy and work with Acas towards a commercial settlement, or prepare a robust defence if proceedings follow.
We can also review your contracts, policies, record-retention approach and manager training so problems are handled well before they reach Early Conciliation. Speak to our Employment Law team if you receive an Acas notification or want to strengthen your processes ahead of the October 2026 time-limit change.
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