The Government has published an amended regulation which is due to come into force from 1 December 2025. This would increase the ACAS early conciliation window from six weeks to twelve weeks.
The new time window will apply for all claims where early conciliation is commenced on or after 1st December.
If someone is intending to pursue a claim against their employer they must notify ACAS first. ACAS will act as a mediator in the Early Conciliation process, providing an opportunity for the parties to reach an agreement without having to proceed with litigation. At present, this early conciliation process lasts for up to six weeks.
Employers are increasingly finding that ACAS are overstretched meaning that conciliators are unable to contact them at all during the current six week window. The extension to a twelve week window, combined with the proposal under the Employment Rights Bill to extend the limitation period for bringing a claim from three to six months, could result in employers being unaware of a potential claim for nine months or even a year.
For further guidance please reach out to our team on 0345 646 0406 or fill in our online enquiry form and we will be in touch.