Since 2014, any employee or ex-employee who wants to bring an employment claim against their employer has been required to first contact the Acas early conciliation team. Acas acts as a facilitator for the parties to try to settle the claim. Generally, claimants agree to try and negotiate a settlement to avoid a long wait until their case can be heard in an Employment Tribunal, although they can decline the opportunity.
New regulations
The employer/ former employer is then contacted by the conciliation team and there is currently a period of up to 6 weeks to try and reach a settlement. New regulations due to come into force from 1st December 2025 will extend the conciliation period from 6 to 12 weeks. The 12 weeks will apply to all claims where conciliation begins on or after 1st December.
Pros & Cons
The conciliation process can be very beneficial to all parties. The claimant can get an early result and receive any compensation without having to wait several months for a hearing date and the employer/ former employer could resolve a claim without incurring expensive legal costs. However, there have been cases where the employer has not been contacted by the Acas early conciliation team and the first they know of a claim is when they receive a claim form from the tribunal. An extension of the conciliation time period to 12 weeks could mean employers are unaware of an employment claim for several months.
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