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Early conciliation period to double from 1 December

From 1 December 2025, the maximum Acas early conciliation period will increase from six weeks to 12 weeks. This change is intended to ease pressure on Acas following rising demand and increasingly complex cases.

In our experience, the current backlogs have meant that employers are sometimes contacted late in the early conciliation window, and in some instances, certificates have been issued without meaningful dialogue – undermining the purpose of conciliation. Extending the maximum period should allow more time for genuine negotiation.

However, this change risks adding to the existing delays. With the Employment Rights Bill extending the time limit for most claims from three months to six months, employees will have a much longer window to start proceedings. Given the existing backlogs in the Employment Tribunal system, this could mean cases take even longer to reach a final hearing, creating prolonged uncertainty for employers and employees alike, and making it far harder to prepare cases long after the events in question have occurred.
 

Many employers have reported that, due to pressure on conciliators, they are being met with longer waiting times for Acas to initiate contact between the parties, or certificates being issued after no or minimal conciliation. This is alongside a huge backlog in tribunals themselves, which increased to almost 50,000 cases at the end of 2024, according to the most recent figures from HM Courts and Tribunals Service.

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