Managed by the Advisory, Conciliation and Arbitration Service (Acas), early conciliation gives employees and employers an opportunity to resolve an employment dispute without proceeding to an employment tribunal. From 26 November 2026, however, changes to Acas early conciliation rules will affect how potential employment tribunal disputes are notified and handled.
One particularly impactful change is that, as an employer, you may no longer receive an early warning from Acas when an employee is considering legal action. This means if an unresolved employee issue escalates, the first formal notification you’d receive could be an employment tribunal claim.
More on these changes
From 26 November 2026, employers should be aware that:
More information will be required from employees
Employees notifying Acas of a potential employment tribunal claim must provide additional details about the dispute, including:
- contact details,
- the nature and timing of the issue,
- employment status,
- and whether they wish to reach a settlement or consent to Acas contacting the employer.
This upgraded information helps Acas better understand disputes and assign resources, though it does not guarantee employer contact.
Acas may not contact you
Acas is no longer required to contact the employer if it determines settlement is not possible, such as in multi-respondent cases or when the claimant does not wish to pursue settlement or withholds consent. As a result, employers may not receive prior notice of a dispute and should be vigilant in addressing workplace concerns to prevent escalation.
Multiple disputes can be reported together
Procedural changes allow employees to notify Acas of multiple disputes through a single form or call.
Early conciliation remains time-limited
The maximum conciliation period remains 12 weeks, and the changes do not alter employment tribunal time limits.
What should employers do next?
The legislation doesn’t quite require a total rewrite of contracts, employee handbooks or HR policies, but it is a useful prompt to review how workplace concerns are managed.
Review your grievance and employee relations procedures
Make sure employees understand how to raise concerns and that managers know how to respond. Grievances, complaints and informal concerns should be acknowledged, investigated and documented appropriately.
Equip managers to recognise potential disputes
Managers are often the first to notice dissatisfaction, strained working relationships, or concerns about workplace treatment. Ensure they know when to involve HR and how to handle sensitive conversations consistently.
Keep accurate and accessible employee records
Maintain clear records of grievances, disciplinary procedures, performance discussions, investigations, decisions and correspondence. Accurate documentation can be particularly valuable if a dispute progresses to an employment tribunal.
Consider whether early conciliation could help resolve a dispute
Employers don’t need to wait for an employee to initiate early conciliation. If you’re aware of a dispute that could lead to an employment tribunal claim, you can contact Acas yourself to request discussions.
Strengthen your HR foundations with EKW Group
At EKW Group, our ongoing HR support service provides practical guidance across the employee lifecycle, helping businesses strengthen their HR processes and manage their responsibilities effectively.
Whether you need support with a specific employee relations issue or want to review your wider HR arrangements, our team can help you establish an approach that works for your organisation.
