ACAS Early Conciliation

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The government has made regulations to increase the early conciliation (EC) period under rule 6 of the Early Conciliation Rules of Procedure 2014 from six weeks to 12 weeks. This will apply to any case notified to ACAS for EC on or after 1 December 2025.

What is Early Conciliation?

If a worker/employee has a claim against the organisation they work for they must report it to ACAS Early Conciliation before issuing an Employment Tribunal claim.  They will then be offered the opportunity to conciliate in attempt to resolve the claim.  Conciliation is voluntary so you can decide whether to participate.

EC Period

The EC period is the period within which ACAS has a duty to promote settlement once a claim has been notified to it. If no settlement is achieved within the EC period, ACAS must issue an EC certificate bringing the process to an end. The EC period had previously been increased from one month to six weeks on 1 December 2020.

Limitation period

Most types of Employment Tribunal claims have a three-month limitation period, meaning a claim must be issued without three months of the act complained of with the Employment Tribunal – these are strict rules so it is important to act quickly.  The EC period extends limitation – so anytime spent conciliating can be added to the limitation period.  Calculating the limitation date can be complex and ACAS will not assist with this so take our legal advice.

How can we help?

ACAS are unable to give you legal advice, whether you are the employee or employer.  They cannot represent you and cannot take sides.  Therefore, whilst the conciliation process does not require you to be represented by a solicitor, we can guide you and give the important legal advice.  We provide legal advice and representation to workers, employees and employers.  It is very important that you understand the merits of any claim and the likely value of a successful claim so you can make an informed decision about any proposal made during conciliation and/or whether the case should be taken to an Employment Tribunal.