The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025

Published: Tue 4th Nov 25

The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025, made under powers in the Employment Tribunals Act 1996, amend existing 2014 Regulations to increase the standard period for early conciliation handled by ACAS from six weeks to twelve weeks.

These Regulations apply to England, Wales, and Scotland, come into force on December 1, 2025, and include transitional provisions ensuring the new twelve-week period applies to claims initiated on or after that date.

Arguments For

Increases the standard period available for early conciliation regarding employment disputes, potentially allowing more time for mediated resolution before formal tribunal claims are lodged.
Formalises a procedural change within employment tribunals and ACAS processes, ensuring clarity and consistency for practitioners and parties involved in dispute resolution.
The extension respects the authority granted by the Secretary of State under the Employment Tribunals Act 1996 for regulating tribunal procedure.

Arguments Against

Extending the conciliation period might delay access to justice for some claimants who prefer a swift resolution via tribunal proceedings.
Creating a longer pre-claim requirement could impose additional administrative burdens or time constraints on intermediaries like ACAS.
The change, while procedural, affects the operational framework of employment dispute resolution, requiring recalibration of existing internal timelines for legal representation and case strategy.

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 18A(11) and (12)(c) and 41(4) of the Employment Tribunals Act 1996.

The Secretary of State issues these Regulations using specific legal authorities granted by sections 18A(11), 18A(12)(c), and 41(4) of the Employment Tribunals Act 1996 to establish or change procedural rules.

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025.

(2)

These Regulations come into force on 1st December 2025.

(3)

These Regulations extend to England and Wales and Scotland.

The first section outlines the formal details of the instrument.

It establishes the official title as the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025.

These rules become legally effective on December 1, 2025, and their provisions apply across England, Wales, and Scotland.

Amendment to the Schedule to the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 20142.

In the Schedule to the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014, in rule 6 at paragraph (1) for “six” substitute “12”.

This part enacts the primary change by amending the existing 2014 Regulations concerning early conciliation procedures.

Specifically, it modifies rule 6(1) within the Schedule: the specified period previously set at "six" weeks for early conciliation must now read "12" weeks.

Transitional provision3.

The amendment to the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 made by regulation 2 applies when a prospective claimant has presented an early conciliation form to ACAS or telephoned ACAS in accordance with rule 1 of the Schedule to the Employment Tribunals (Early Conciliation: Exemptions And Rules of Procedure) Regulations 2014 on or after 1st December 2025.

A transitional rule manages the implementation of the change in time limits.

The new twelve-week limit applies to any prospective claimant who begins the early conciliation process, either by submitting the required form or by calling ACAS, on or after the commencement date of December 1, 2025.

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