ACAS Early Conciliation is a free, confidential service that attempts to resolve workplace disputes between an employee and employer before a formal employment tribunal claim is made. The way ACAS EC is intended to work is that the employee/ ex-employee contacts ACAS notifying them of their intention to make a claim (mandatory), at which point then an independent ACAS ‘conciliator’ or mediator contacts both parties separately to help them reach a legal agreement, avoiding the need for a tribunal. However, in practice, ACAS is not contacting employers at all within the 6-week window that they are meant to as they have such a large volume of cases and not enough conciliators/ resources generally. As a result, the Government has decided that from the 1 st December 2025, the time window for ACAS to conduct ‘early conciliation’ of Employment Tribunal claims will go up from 6-weeks to 12-weeks. This marks the second extension in recent years. Back in December 2020, the conciliation period was extended from 4 weeks to 6 weeks. MILS Comment: What does this mean for both parties? While the latest extension to the conciliation window will give parties more time to resolve disputes before tribunal proceedings, it also raises concerns. ACAS are currently struggling to engage with employers within the six-week timeframe. The new 12-week conciliation period, combined with the proposed 6-month tribunal claim limit under the Employment Rights Bill, could mean that employers remain unaware of a potential claim for up to a year. This may seem at first to be a good thing as ‘out of sight, out of mind’ but we can foresee some clear issues for employers. Employers may need to store personal data longer, put holds on automatic deletions of emails and CCTV, and consider taking skeleton witness statements given memories fade and employers will increasingly face situations where final hearings are years after ACAS EC was initiated. The prevailing view of most employment lawyers, no matter whether they act for employers or employees, is that this change to the EC period shifts the problem downstream. This change turns the extension of time limits for effective conciliation into another source of delay for litigants as their wait for a prospective response doubles. It is also common ground amongst employment lawyers that all areas of the Tribunal system including ACAS need resources and investment. Unfortunately, this change is not a good signal. It shows that the additional causes of action and subsequent work for ACAS and the Tribunals that the ERB will create is unfunded and that delays in Tribunals where final hearings are being listed for 2028 and 2029 will only get worse. Sacked today, a litigant will have, in some parts of the country, to wait for more than three years before they can hope to have a judgment. As one lawyer commented “It is no use government implementing legislation giving people more employment rights, if they are effectively prevented from getting justice by a system that is starved of resources and on its knees.” As always, this advice is general in nature and will need to be tailored to any one situation. As an RMI member you have access to the RMI Legal advice line, as well as several industry experts for your assistance. Should you find yourself in the situation above, contact us at any stage for advice and assistance as appropriate. Motor Industry Legal Services Motor Industry Legal Services provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only regulated law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members.