When an individual wants to bring a claim in the employment tribunal, they normally have three months less one day from the date of the issue they are disputing. This is known as the limitation period. For example, an ex-employee alleging unfair dismissal must submit their claim within three months less one day from their dismissal date.

Before a tribunal claim can be lodged, the individual must first take part in ACAS Early Conciliation. This process aims to resolve disputes without a formal tribunal hearing. An independent ACAS conciliator speaks with both parties to clarify issues, explore their positions, and encourage a mutually agreed settlement—often financial.

Under the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025, the ACAS Early Conciliation period will increase from six weeks to twelve weeks for all cases where conciliation begins on or after 1 December 2025.

Many employers already report that ACAS often fails to make contact within the current six-week window due to capacity issues. Extending the period to twelve weeks—combined with proposed reforms under the Employment Rights Bill to increase the primary tribunal time limit to six months—could significantly lengthen the time before employers even become aware of a potential claim.

Extended conciliation windows and longer limitation periods represent a substantial shift in the employment dispute landscape. While the changes are intended to encourage early resolution and reduce tribunal pressure, they also create increased uncertainty for employers—particularly where early engagement from ACAS is already inconsistent.

LinkedIn

Need some advice on this matter?

If you need advice or guidance on the subject matter outlined in the above item, or any other employment matter, please get in touch. We’d love to hear from you.