Overview
Before bringing most Employment Tribunal claims, employees are required to notify ACAS, triggering the early conciliation process. This mandatory procedural step is designed to encourage resolution without recourse to litigation.
New regulations change the way this operates — with implications that increase employers’ exposure to legal risk.
Extension of the ACAS early conciliation period
The Government has published regulations confirming that the early conciliation period will increase from 6 weeks to 12 weeks. This took effect on 1 December 2025.
ACAS has acknowledged that demand for early conciliation is high and also that it can take several weeks for the process to begin. The extended window is intended to allow more time for engagement and negotiation. However, it may also result in longer-running disputes and delayed certainty for employers where matters are not resolved quickly.
Extension of tribunal time limits
The Employment Rights Act 2025 extends the time limit for bringing most Employment Tribunal claims from 3 months to 6 months, with effect from October 2026 (excluding breach of contract claims on termination).
This reform is aimed at giving employees more time to consider their position, particularly where internal processes such as grievances or appeals are pursued first.
What this means for employers
Taken together, these changes extend the period during which potential claims may emerge and remain unresolved. For employers, this increases exposure to legal risk, including:
- Delayed awareness of potential claims. This limits opportunities for early intervention
- Greater pressure on record-keeping, as issues may surface long after the events in question
- Evidential risk, where memories fade and key witnesses leave the organisation
- Increased exposure to claims, as longer time limits reduce procedural barriers to litigation
Risk mitigation: steps employers should consider
In light of these changes, employers should:
- Review document and record-keeping practices, particularly for grievances, disciplinaries and informal complaints
- Ensure managers are trained to record decisions and concerns clearly and contemporaneously
- Treat early warning signs of dispute as potential legal risk, even where matters appear informal or unresolved
- Use the extended conciliation period strategically, rather than as a passive waiting phase
These reforms lessen the role that short limitation periods have traditionally played in managing risk. Employers will need to strengthen internal procedures, keep clear records of concerns raised and how they are handled, and identify potential issues as they arise.
Raintree Works supports organisations with practical, proportionate approaches to risk management, including reviewing workplace processes, strengthening record-keeping practices, and building confidence in addressing concerns at an early stage.
To discuss how we can support your organisation as these new requirements come into force, contact us at info@raintreeworks.uk.
