Current position
Usually, before a claimant can issue a claim in the employment tribunal, they must first register their dispute with ACAS and commence what is known as Early Conciliation (EC). ACAS then offers to help both the claimant and employer resolve the dispute without going to tribunal. A conciliator gets in touch with both sides and tries to help them reach a settlement. This process lasts up to a maximum of six weeks. However, if neither employer or employee are interested in seeking settlement, or the employee doesn’t want ACAS to contact the employer, the EC period ends immediately.
If an agreement is reached, it’s legally binding and the matter ends there. If no agreement is made, ACAS issues a certificate that allows the employee to proceed to tribunal. If there is no resolution before the end of the maximum EC period of six weeks, ACAS automatically issues the claimant the certificate to enable them to bring a claim. However, ACAS can still assist in resolving the claim after the end of the EC period.
Time limits for issuing a claim are paused whilst there is an EC period, meaning that the time limit for bringing a claim will be extended to reflect the duration of the EC period, and as a minimum a claim must be issued within one month of the period’s end.
New position
The headline reform is a doubling of the Early Conciliation (EC) period from six weeks to twelve weeks. The extended timeframe is intended to give parties more opportunity to resolve disputes without resorting to litigation, aligning with broader goals of reducing tribunal caseloads and encouraging settlement.
The new 12-week EC period applies to any prospective claimant who contacts ACAS with a new dispute on or after 1 December 2025. Claims already in progress before this date will continue under the previous six-week rule.
Implications for employers
This change has strategic implications for employers. For example, they will have longer exposure to potential claims. This is because the extended EC period means that claims from incidents many months ago may now still be in time.
Additionally, employers are looking at greater uncertainty as they may face delayed claims, making it harder to rely on the passage of time as a defence strategy or to manage risk. There is going to be a need for better record keeping given longer potential claim windows. As a result, maintaining accurate and accessible employment records will become even more critical.
Time limits for unfair dismissal claims
The time limits to bring an unfair dismissal claim commence on the date that the employee’s employment terminates. Any claimant must commence EC within three months (less one day) of termination, and the time limitation clock will then be paused during EC. This EC period is now doubled to a maximum of 12 weeks for early conciliation itself and then the claim deadline will crystallise one month after early conciliation ends to submit a tribunal claim. This combination of EC and the extension of time limits effectively creates a seven-month limitation window for unfair dismissal claims, when previously it was three months.
Looking ahead
We know that this amendment is one of the first steps toward broader changes in employment law. Further reform will be coming in, which will significantly alter the litigation landscape. A likely change will be increases in general time limits for employment tribunal claims to six months in autumn 2026, meaning that with the combination of a longer EC period, an effective limitation period will increase to 10 months. This also means a much longer window for claimants to prepare and issue claims following termination, and to bring older discrimination allegations into litigation.
Next steps for employers
Employers should review their internal processes, especially around dispute resolution and documentation, in light of these changes. The extended EC period offers more time for resolution—but also more time for claims to emerge.
For legal teams and HR professionals, this is a moment to prepare for a new era of employment rights and procedures.
How can we help?
For further information about issues raised in this article, please contact a member of our Employment team.
