ACAS conciliation time extension will not solve the backlog

Legal specialists have warned that the government’s plan to double the length of the early conciliation period offered before an employment tribunal claim can be issued is unlikely to reduce the growing backlog of cases.

The extension, which took effect on 1 December, lengthens the Advisory, Conciliation and Arbitration Service’s (Acas) standard window from six to twelve weeks.

Under current rules, individuals must first notify Acas before issuing tribunal proceedings, giving both sides the opportunity to attempt a settlement with the help of a conciliator. The government hopes that offering a longer timeframe will ease pressure on the service, which has been dealing with rising volumes of cases.

Acas has welcomed the change, noting that it handled over 117,000 early conciliation notifications in 2024/25. This has been its busiest year since the pandemic, and substantially more than last year. Representatives for the organisation have said that additional time could allow both employers and workers to view their options more calmly and consider negotiated resolutions.

However, many employment lawyers are sceptical. The measure is unlikely to stem the flow of claims entering the tribunal system, merely postponing, rather than preventing litigation.

While offering parties extra time might initially appear beneficial, some experts caution that longer conciliation periods could actually heighten conflict.

Employment disputes often involve personal grievances and extending the period before a claim progresses may increase anxiety for workers and managers alike.

Should you have a workplace dispute, 121 HR Solutions can help! Contact us on 0800 9995 121.

ACAS conciliation time extension will not solve the backlog

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