Employment Law Focus: ACAS Conciliation – More Time, Less Clarity?
NM439012 • 13 December 2025
From 1 December 2025, the ACAS early conciliation period will be extended from 6 to 12 weeks. The change, made through the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025, is intended to give parties more opportunity to resolve disputes before Employment Tribunal proceedings begin.
What’s changing
Until now, parties to an employment dispute had up to 6 weeks to attempt once a potential claimant contacted ACAS. From 1 December 2025, that window of opportunity has doubled to 12 weeks, and time limits for bringing a claim remain “paused” throughout that period. It is worth remembering that the whole concept of mandatory early conciliation was the brainchild of ACAS from the outset.
The Government says the extension is designed to ease the pressure on ACAS itself, which is currently struggling with very high case volumes, and often unable to contact parties until the end of the 6-week period – sometimes not at all.
In practice, this means it could be months from the original workplace incident before an ET1 claim form is lodged and (from our own experience) a further 8-10 weeks before the Respondent is notified. While this may reduce the number of claims that reach the Tribunal, it will also extend the period of uncertainty for all involved.
Why this matters
At Boardside Law, we support the drive for early resolution, but simply lengthening the window is not a complete solution. Without a more effective case-management mechanism, and without promoting genuine alternative resolution, this change risks delaying clarity rather than facilitating it.
Twelve weeks may sound reasonable. In reality, it increases the risks that:
· evidence deteriorates;
· memories fade;
· witnesses move on; and
· organisational understanding becomes fragmented.
A longer pause makes it harder for employers to investigate fairly and respond properly if the matter later proceeds to litigation.
We also see a major gap in the current process: employer notification.
At present, ACAS often contacts the employer only if the claimant expressly agrees to conciliation. If the claimant opts out, or indeed where ACAS is too stretched to engage until late in the window (if at all), the employer may be unaware that a claim is brewing until the ET1 arrives. That is potentially an avoidable shock.
In our view, ACAS should be required to notify an employer as soon as early conciliation is initiated, even if the claimant later declines to engage, particularly where the employment relationship has already ended. Early transparency would support both sides, make evidence-gathering meaningful, and enhance the value of conciliation. That said, we do understand the risk this may introduce for claimants, so thought around the process/procedure will be needed.
Practical advice
Use the 12 week period wisely:
- Treat ACAS notifications as red alerts: they are early indicators of litigation risk. Escalate immediately to HR and legal teams.
- Preserve the record: secure witness statements, key emails and documents while memories are fresh.
- Don’t drift: even though the time limit is paused, momentum is vital. Set internal deadlines for reviewing facts and exploring settlement options.
- Push for dialogue: if you do not hear from ACAS within a reasonable time, consider reaching out proactively. A managed discussion now is usually cheaper, and calmer, than a hearing later.
- Stay alert to timing: the 12-week window pauses time, but it does not rest it. Monitor dates closely.
Boardside’s View
The new 12-week conciliation model risks turning “early conciliation” into “prolonged pre-litigation uncertainty.” If ACAS is to make the new system work, communication with employers must improve and be meaningful, as opposed to a further opportunity to delay the process.
Knowing that a claim may be coming may allow employers to act quickly, investigate fairly, and even resolve issues before lawyers or tribunals are needed.
Until the procedural gap is addressed, employers should assume that any ACAS contact marks the start of a live dispute and manage risk from the earliest possible moment.
For advice on managing early conciliation strategy, evidence preservation or internal case preparation, please contact the Boardside Employment Team.
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In any business, when the wrong person signs something off (or the right person is not given clear authority to take a decision) the result can be costly. A simple example, based on our experience, is where an employee receives incoming correspondence or an invoice asking for a countersignature on a recurring software subscription or licence renewal, and signs it without checking the terms. Months later, the business is locked into an unnecessary spend that no one intended. That’s why a clear delegated authority policy isn’t just best practice, it’s a vital safeguard. It sets out who can commit the business to what, prevents avoidable costs and liabilities and gives everyone the confidence to act within their limits. What Is Delegated Authority? A delegated authority policy sets out who within an organisation can approve which actions. It typically includes guidance on which roles can enter into financial commitments (usually with different financial limits depending on seniority), who can enter into contracts, who can hire staff and who has signature authority for different types of documents. It ensures everyone knows: What decisions they’re empowered to make What signatures or approvals are required, and who can give them What limits are in place (financial, operational, reputational) to protect the organisation from acting outside its budget or business plans or exceeding its risk appetite. Why It Matters for Employers For employers, clarity around delegated authority helps to: Avoid financial risk – preventing unauthorised spend or commitments. Protect reputation – ensuring only appropriately senior people sign contracts, NDAs or external agreements. Increase efficiency – avoiding bottlenecks where senior leaders are dragged into small approvals unnecessarily. Empower staff – giving people confidence in the scope of their decision-making. Support compliance – ensuring regulatory, client and insurance obligations are met. Ultimately, a delegated authority policy protects both the business and its people, ensuring no individual is unfairly exposed and decisions are taken at the right level with the right oversight. What Happens Without It? Here’s what we see all too often when organisations don’t have a clear policy: Confusion and Delay: People waste time checking who has the right or responsibility to make a decision. Risk Exposure: Unauthorised commitments could expose the organisation to liability or financial loss. Morale Issues: Inconsistent delegation of authority – picking out people rather than roles, especially on a random basis – can create resentment. Compliance Breaches: without guidelines and controls, it is difficult to show that risk and compliance are managed effectively or spot when individuals are acting outside their powers. In contrast, organisations with well-defined frameworks experience smoother operations, clearer accountability and better risk management. Boardside’s View At Boardside, we see delegated authority policies as an underused but powerful governance tool. They are: A risk mitigator, reducing the likelihood of costly mistakes. A leadership enabler, freeing senior partners and directors to focus on strategy, not micromanagement. A cultural signal, demonstrating fairness, consistency, and accountability across the organisation. We also see that the best policies are simple, readily accessible, and regularly reviewed (and if necessary refreshed). A robust delegated authority policy should include: Defined levels of authority for Board, Executive and other management roles, and specialists (e.g.IT, customer-facing teams, procurement). Financial thresholds linked to role. Documented sign-off processes for contracts, client agreements, HR and vendor commitments. Clear role boundaries so staff understand both their powers and limits. Training and communication ensuring everyone knows where to find it and how to use it. Audit trails to evidence decision-making. Regular reviews to keep it relevant. We regularly work with boards to develop clear delegated authority policies as part of our corporate governance and strategy work. If you would like to discuss this in relation to your business please contact us .
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Whistleblowing: Post-Employment Protections Clarified
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Whistleblowing: Reform on the Horizon
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