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Will Acas Early Conciliation Be Scrapped? Here’s What Claimants Need to Know

The Acas Early Conciliation process has long been a mandatory step before bringing an Employment Tribunal claim. But is it still fit for purpose—or could it be abandoned in the future?


The Recent Change: 6 Weeks to 12 Weeks

On 1 December 2025, the law changed to extend the Early Conciliation period from 6 weeks to 12 weeks. The aim was to give parties more time to resolve disputes without going to tribunal. But will this fix the underlying problems?


Why Early Conciliation Often Fails

Before the change, Acas frequently took up to 6 weeks just to contact Claimants, leaving little time for meaningful negotiation. The process became a waiting game rather than genuine conciliation. Even with 12 weeks, the question remains: will this lead to real mediation or just delay the inevitable?


The Future of Acas Early Conciliation

I predict that this process may eventually be scrapped. Why? Because it rarely delivers what Claimants expect—fair settlements and proper advice.


Important Facts for Claimants

  • Acas is not your legal adviser. They are not lawyers and are not regulated by the SRA or Bar.

  • Their goal is simple: close deals quickly, even if that means pressuring Claimants into poor settlements.

  • I’ve seen Acas encourage a Claimant to accept less than the national minimum wage after three months of unpaid work—a strict liability claim that should have been guaranteed by the National Insurance Fund if the employer was insolvent.


Why This Happens

Acas officers have some training in employment law, but they are not qualified solicitors. Their focus is on settlement, not justice.


How Claimants Can Protect Themselves

  • Know your rights. Research what you’re entitled to.

  • Don’t settle under pressure. If the offer is unfair, hold firm.

  • Be prepared to go further. Often, persistence leads to better outcomes.


Bottom Line

Early Conciliation may buy time, but it rarely delivers real conciliation. Whether it survives long-term is uncertain—but don’t rely on it to protect your rights.

 
 

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