The Government has published draft regulations that could significantly change how workplace disputes are handled before reaching Employment Tribunals. The Regulations, set to take effect on 1 December 2025, propose to extend the ACAS early conciliation period from six to twelve weeks.

Under the current framework, employees and employers have a six-week period to engage with ACAS before a tribunal claim can proceed. The proposed change would double this window, giving parties more time to resolve disputes without formal legal proceedings. The extension will apply to all cases where early conciliation is initiated on or after 1 December 2025.

Implications for Employers

While the intention is to encourage dispute resolution, the longer conciliation period may present practical challenges for employers:

Extended uncertainty: Employers may remain unaware of potential claims for longer periods, which could disrupt planning and decision-making.
Administrative pressures: HR teams may need to maintain engagement and documentation over an extended timeframe.
Risk of prolonged disputes: Doubling the conciliation period, could mean some cases remain unresolved for a significant amount of time.
Financial and operational impact: Extended disputes may incur additional legal or advisory costs and affect internal operations.

For further assistance, employers can contact the Employment Team at Morgan LaRoche on [email protected].