If a worker or employee has a problem at work and wants to bring a claim at the Employment Tribunal, they must first go through the ACAS Early Conciliation process.

This process is designed to promote the worker/employee and the employer to attempt to reach a compromise, which in turn avoids the need for litigation.

If this process does not succeed in reaching a compromise, a certificate is issued to the worker/employee which then allows them to bring a claim in the Tribunal. Without that certificate, the claim will not be accepted..

The maximum time period the parties can engage in early conciliation for is six weeks however, from 1 December 2025, this period will be extended to 12 weeks. This change applies to all cases lodged on or after 1 December 2025. If a case has been lodged prior to this date it will fall under the six-week regime.

Employers will now need to ensure that they retain any records relating to potential claims for longer should the issue not be resolved in early conciliation and proceeds to a claim in the future. The change will also relieve pressure on ACAS which is currently under strain due to the increase in the number of cases and their complexity.

For employees, the timescale during which they must notify ACAS of the commencement of a possible claim is not affected and remains at 3 months less 1 day from the date of the relevant incident, although the clock is essentially “stopped” while the parties engage in the early conciliation process.