New regulations are coming into force on 26 November 2026 regarding the early conciliation process for employment tribunal claims. The new rules will require more information from prospective claimants and clarify how Acas handles early conciliation.
The early conciliation period remains unchanged at 12 weeks from Acas receiving the form or telephone notification from the prospective claimant.
What is Changing?
Many of the changes relate to the information that prospective claimants are required to provide to Acas, including that:
- The early conciliation form must include additional contact details for the prospective claimant (namely, their phone number and email address), as well as confirmation of whether they wish to reach a settlement
- For prospective claimants who do wish to reach a settlement, additional information must be given, including the contact details of the prospective respondent, consent to Acas contacting them, an indication of what the matter is and whether it is ongoing or when it ended, whether the individual has raised the matter with the respondent and whether they were an employee of the respondent
- A prospective claimant may use a single early conciliation form or phone call to notify Acas about multiple matters
A notable amendment for employers is that Acas will no longer be required to make reasonable attempts to contact the prospective respondent where it concludes that settlement is not possible. This differs from the current position, whereby if the claimant consents to Acas contacting the respondent, Acas must make reasonable attempts to do so. It remains to be seen how frequently, and in what circumstances, Acas will rely on this exception in practice, however this could result in fewer employers being notified by Acas of potential claims before the claim form lands.
Minor wording changes also clarify that certificates must include the parties’ names and addresses at which they can be contacted, and that Acas must send certificates by email where an email address has been provided, otherwise by post.
Next Steps
Employers should ensure those handling employment disputes are aware of the changes, which will apply from 26 November 2026.
