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Conciliation extended, but system pressures persist
Jan 2026
The government has doubled the ACAS early conciliation period from six to twelve weeks in an effort to ease pressure on the employment tribunal system. ACAS has welcomed the change amid rising demand, reporting more than 117,000 early conciliation cases in 2024-25, the highest level since the pandemic and 13,000 more than the previous year. However, experts argue the extension does little to address the underlying problems of a tribunal system described as “not fit for purpose”, warning that the longer period will only delay, rather than reduce, the flow of claims into an already overstretched process.
In practice, the extended conciliation period introduces both opportunities and risks. While additional time may support more considered negotiations, the prolonged timeline could heighten emotional strain for all parties, prolong uncertainty, and undermine trust between employees and managers. Experts warn that extended disputes may destabilise team dynamics, increase anxiety among those involved, and even increase the likelihood that individuals bypass conciliation altogether, driving even more cases directly into the tribunal queue.