ACAS Early Conciliation: What Schools and Academies Need to Know (December 2025 Update)
Overview
From 1 December 2025, the ACAS early conciliation period which is a mandatory step before most employment tribunal claims, has doubled from six to twelve weeks. This change is significant for employers, as it affects how employment disputes are managed and resolved.
What is Early Conciliation?
Early conciliation is a process managed by ACAS, designed to help employers and employees resolve workplace disputes without the need for a formal tribunal. For schools and academies, this means that before a staff member can bring most types of claims (such as unfair dismissal or discrimination) to an employment tribunal, they must first notify ACAS and attempt conciliation with you.
Key Changes for Schools and Academies
- Extended Period: The early conciliation window is now 12 weeks for claims initiated on or after 1 December 2025. This provides more time for meaningful settlement discussions and aims to reduce the number of cases progressing to tribunal.
- Mandatory Step: Notifying ACAS remains compulsory, but participation in conciliation is voluntary. Either party can choose not to engage, and the process may end early if both sides agree.
- Time Limits: The “clock” on the usual three-month time limit for bringing a claim is paused during conciliation. Once conciliation ends, the time limit resumes, giving schools and academies additional time to resolve disputes.
- Settlement Agreements: If a resolution is reached, it is formalised through a COT3 agreement, which is legally binding and prevents further claims on the same issue. This route is often more cost-effective for schools, as ACAS provides the conciliator at no charge.
Practical Implications for School and Academies
- Preparation and Communication: Ensure that your policies and procedures are up to date and accessible to all staff. Clear communication and early intervention can help prevent disputes escalating to tribunal.
- Responding to claims: Be aware that claims may be initiated during school holidays and your School being closed does not pause the timings. Set up systems to monitor communications from ACAS and the Employment Tribunal, ensuring timely responses even outside term time.
- Safeguarding and Compliance: Some claims may involve safeguarding concerns. Always follow statutory guidance and your school’s safeguarding policy when responding to such issues.
- Seeking Advice: Professional HR advice is invaluable in managing disputes, ensuring compliance, and protecting your school’s reputation. HR Connect offers support tailored to the education sector, including guidance on early conciliation and employment tribunal processes.
Further Support
For more information or tailored advice, please contact the HR Connect Advisory Team or HR Legal Connect on hradvisory@hrconnect.org.uk . We are here to help you navigate employment law changes and support your school’s HR and Legal needs.
