ACAS Early Conciliation Changes: Why Record-Keeping Matters More Than Ever
Workplace disputes are never easy to deal with—but recent changes to the ACAS Early Conciliation periods mean employers may soon be dealing with them for much longer than before.
From December 2025, the early conciliation (EC) window doubled from six weeks to twelve. While the intention is to give more time to resolve disputes, it also creates a new challenge for employers: holding onto the right information, for the right amount of time, and being able to rely on it months later.
In other words, this isn’t just an HR issue—it’s a data and records management issue too.
Who are ACAS?
ACAS (the Advisory, Conciliation and Arbitration Service) is an independent public body in the UK that helps employers and employees resolve workplace issues and disputes.
Their role is to provide free, impartial advice on employment rights, best practice, and workplace policies, as well as to offer services such as early conciliation to try to settle disputes before they reach an employment tribunal.
Who are ACAS?
ACAS (the Advisory, Conciliation and Arbitration Service) is an independent public body in the UK that helps employers and employees resolve workplace issues and disputes.
Their role is to provide free, impartial advice on employment rights, best practice, and workplace policies, as well as to offer services such as early conciliation to try to settle disputes before they reach an employment tribunal.
What is early conciliation?
Early conciliation is the mandatory step an employee must take before bringing a claim to an Employment Tribunal. ACAS contacts both sides to see if the issue can be resolved informally without the need for formal Tribunal proceedings.
If it can’t, a certificate is issued and the claim can move forward.
Until now, this process has typically lasted up to six weeks. But, due to increasing pressure on ACAS from the number of pending applications, from December 2025, that timeframe doubled to twelve weeks.
On the surface, more time might sound helpful. But in reality, it creates an even longer gap between the original workplace issue and any formal process.
Timescales
The majority of claims are brought within 3 months of either the date of dismissal/resignation or in discrimination cases, the act of discrimination.
Before that 3-month period expires the employee must formally lodge their application with ACAS for early conciliation. This then effectively pauses the clock on the original 3-month time limit to enable meaningful discussions to take place. That pause used to be six weeks. It’s now twelve.
At the end of that twelve week period, the clock restarts and the employee has a minimum of a month (or longer depending on how much of the original 3 month period remains) Confused yet?!
That gap for conciliation matters. With a longer delay:
The more likely it is that key evidence is lost or overwritten
People’s memories fade
Key witnesses may leave the business
The greater the risk that important data has already been deleted under retention policies
This is where many Companies could find themselves exposed—not because they handled the situation poorly, but because they no longer have the evidence to prove they handled it properly.
What steps should you consider?
With longer early conciliation periods, employers need to think more broadly about how they protect their position with regards to documentation, people, and process.
Documentation and record-keeping
Many companies already have data retention policies in place to comply with GDPR. These are important and should be reviewed in line with employment law risks.
Information which may seem “no longer necessary” from a data protection perspective could still be critical in defending a future claim. This might include emails, meeting notes, investigation records, CCTV footage, or performance documentation.
Rather than extending retention periods across the board, a more practical approach is to be deliberate. When an issue arises—whether that’s a grievance, disciplinary matter, or performance concern—consider what records may be needed if the situation escalates, and ensure those are retained appropriately.
Preserve evidence early. Once there is a hint that a matter could progress, steps should be taken to preserve relevant evidence. This might involve pausing automatic deletion of emails or messages, securing CCTV footage before it is overwritten, and ensuring key documents are stored centrally rather than sitting in individual inboxes.
Taking these steps early can prevent difficult gaps in evidence months down the line.
People and witnesses
One of the biggest practical challenges with extended timelines is that key individuals may no longer be available. Managers move roles, employees leave, and memories fade.
Where appropriate, consider capturing witness accounts closer to the time of events, while recollection is still fresh. Take statements if you have even a hint that there may be future challenges.
In some cases, it may also be sensible to include clauses in settlement agreements requiring individuals to reasonably assist with any future proceedings—for example, by providing a statement or attending a Tribunal hearing if needed.
Manager capability
All of this relies on managers understanding the importance of documenting events, retaining key information and following a fair process. Investing time in training managers to handle issues properly, keep accurate records, and escalate concerns early can make a significant difference if a claim arises months later.
How we can help
When it comes to defending a claim, it’s not just about what happened—it’s about what you can prove happened.
We support employers in aligning their HR processes with data protection requirements—helping you keep the right records, for the right reasons, without creating unnecessary risk.
We also provide training around investigations, discipline and grievance processes, managing probation, absence, performance and other HR processes.
If you’d like to sense-check your current approach or strengthen your processes, we’re here to help.