What is early conciliation and what is changing?
Early conciliation (EC) begins when an employee notifies Acas of their intention to make a claim to the employment tribunal (ET) which "stops the clock" running on the three-month time limit to bring a claim. At this point, Acas will, if the Claimant requests, step in to facilitate discussions and help the parties reach an agreement, avoiding the need to proceed to the ET.
Since last year, this facilitation period has been capped at 6 weeks. However, from 1 December 2025, it has been announced that this will be extended to 12 weeks for all EC requests submitted on or after that date. The intention is to give parties more breathing space to exchange information, obtain approvals and, ultimately, settle. The government has recognised that there has been significant pressure on Acas, which has led to delays in the process and hopes this change will reduce the number of claims continuing to the ET because there has not been enough time to reach a settlement.
What does this mean for employers?
The biggest impact for employers is how long they should expect to monitor a situation before they can breathe a sigh of relief. The new 12-week EC window, coupled with the existing three-month time limit (which is likely to move to six months once the Employment Rights Bill comes into force), means employers may need to stay on alert for up to a year after any difficult employee departure/incident.
What are the practical considerations going forward?
Whilst we can't be certain when the Employment Rights Bill will come into force (although Royal Ascent is expected in the coming month) there are adjustments employers can make now ahead of the EC extension changes that future-proof processes:
Document preservation – Keeping hold of documents, emails, messages, CCTV, payroll, grievance and disciplinary records for longer will now be even more important. We recommend that documents which could be relevant to a claim are kept for at least a year after termination to ensure you have the information you need to defend a claim.
Prepare for potential claims – When employers become aware that an employee is likely to bring a claim, doing some initial preparation (such as building chronologies and gathering key documents and recollections) early on can help to speed up the process later down the line.
Consider settlement – When you are notified of a claim, take advice on settlement early. Make sure that any settlement reached is recorded properly in the wording of the statutory settlement agreement (including, but not limited to, important issues such the taxable treatment of payments and confidentiality). There have been recent changes to settlement agreements and it is important that, as the employer, the wording is correct so that, having settled a claim, the door is not left open for the employee to still bring a claim.
Questions?
If you would like help reviewing your policies, contracts, or want help planning for the new EC and Employment Rights Bill timelines, we are here to help with clear, practical advice tailored to your organisation.
Get in touch with our Employment team on 01722 412 412 or email Anthony.Edwards@wilsonsllp.com