The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendments) Regulations 2025
Anyone who reads my blogs will be accustomed to me bemoaning the broken employment tribunal system. I make no apology for it. As an employment lawyer sadly, I feel that the tribunal system is failing its users – both claimants and respondents alike. Litigation, whilst sometimes necessary, remains an option of last resort.
In recognition of this ACAS Early Conciliation was introduced. Its aim being to reduce the number of Tribunal claims. It provided an opportunity for the parties to explore the possibility of a settlement without recourse to protracted litigation. A wonderful idea in practice. However, it too was under resourced meaning that many who sought to use the service were not even being contacted by an ACAS conciliator before the expiry of the 6-week conciliatory window. An opportunity to conciliate missed and serving only to add yet more pressure on an overstretched tribunal system.
So, what is the government’s response to this? Seemingly to extend the conciliation period. Proposals published by the government this week are to increase the ACAS early conciliation window from 6 to 12 weeks. It’s intended that the proposals will come into force and apply to all claims where conciliation is commented on or after 1 December 2025.
Whilst an advocate of conciliation this strikes me as being a sticking plaster solution to a far bigger problem. Whilst this may mean that all parties are given the opportunity to conciliate, it will serve to make any already protracted process even more lengthy which, when combined with the Employment Rights Bills proposal to extend the primary limitation date from three to six months could mean that employers do not become aware of tribunal claims until 9 months, if not more after the event in question. Delays inevitably prejudice the party’s ability to litigate. Memories fade. People move on. It does not provide an opportunity to resolve employment disputes for those who remain in employment, such as disabled workers seeking reasonable adjustments and cannot be said to be conducive to the mental health or wellbeing of other party.
We will have to see if the proposals are passed and implemented. However, for now I suspect my moaning will continue.
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