ACAS (the Advisory, Conciliation and Arbitration Service) is an independent, publicly funded body which provides advice, training and dispute resolution to improve working relationships between employers and employees.
Before a claim can be lodged in an Employment Tribunal, a claimant must first notify ACAS of their prospective claim. ACAS then acts as a neutral middle person between the employer and the employee (or their representatives) and seeks to resolve the dispute through what is called early conciliation. The main purpose is to keep cases out of the Employment Tribunal, reducing costs and stress while helping to shorten waiting lists.
ACAS early conciliation is free and confidential. It is compulsory for claimants to start the process, but neither party is obliged to participate in any settlement discussions if they do not want to. The process currently lasts for up to six weeks and, while discussions are ongoing, it effectively pauses the limitation period.
The limitation period is the amount of time a claimant has to bring a case after an incident; in most cases this is three months less one day, although the government may extend this, in the near future.
If early conciliation does not result in an agreement which keeps the matter out of a tribunal, then an early conciliation certificate is issued.
For notifications made on or after December 1st 2025, the maximum period for ACAS Early Conciliation will double from six weeks to twelve weeks. The main reason is that it can take several weeks to allocate an ACAS conciliator, which reduces the time available for negotiation.
It is hoped that the longer period will result in fewer cases reaching the Employment Tribunal. If applicable, it will also give claimants more time to gather information, via a Data Subject Access Request (DSAR), employers typically have up to three months to respond to DSARs.
These longer timelines are a reminder to employers to maintain accurate records and to prepare for the possibility of delayed claims.
If you have any queries in relation to this or any other employment law issue, please contact tcms@thomas-carroll.co.ukand our team will be happy to help.
