Have you ever been through Acas conciliation?
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The Real Numbers Behind Acas Conciliation
Before we get into what you should watch out for, let's look at what actually happens when an employee contacts Acas. Because the stats might surprise you.
In 2024–25, Acas handled 117,951 early conciliation cases - the highest number since the pandemic and up 13,000 on the year before. Demand is surging and it's not slowing down.
Here's what actually happened to those cases:
9 out of 10 early conciliation cases were resolved without going to an employment tribunal
Only 5% of all notifications actually resulted in a tribunal hearing
38% of cases resulted in a formal COT3 settlement agreement during early conciliation
Of those that did progress to a tribunal claim, 79% were resolved through Acas conciliation before a hearing took place.
To put this another way: of roughly 105,000 notifications in 2022–23, over 72,000 were settled, withdrawn or not progressed during early conciliation. A further 23,000 were resolved after a tribunal claim was lodged but before a hearing. Fewer than 1 in 10 ever reached a tribunal judge.
What this means for you: If an employee contacts Acas, don't panic. But don't ignore it either. The overwhelming majority of cases settle and that means you need a strategy, not just a reaction.
Acas Is Impartial: They Won't Take Your Side (Or Theirs)
This is the number one thing small business owners misunderstand. Acas conciliators are not on your side. They are also not on the employee's side. They are impartial and independent of the dispute.
What conciliators can do:
Explain the conciliation process
Discuss the issues with both sides
Give an overview of the relevant law
Explore how both parties could resolve the dispute
Discuss how tribunals have considered similar cases
What conciliators cannot do:
Represent either side
Tell you whether to accept or reject a settlement
Say how strong or weak your case is
Help you prepare your case for tribunal
Make a judgement on how your case could turn out
In practice, Acas conciliators often function as messengers, relaying proposals and offers between the employer and the claimant without advising either party on the merits of their position. They won't "unlock" a deadlocked negotiation for you.
💡 Tip: Don't rely on the Acas conciliator to fight your corner. Seek independent employment law advice early so you understand the strength of your position and can negotiate from an informed place.
Be Careful What You Share: Confidentiality Has Limits
Acas says its process is confidential and on their own page they state: "We will not share anything with anyone else without your permission". Settlement discussions are also covered by the "without prejudice" legal principle, meaning they usually cannot be used as evidence in a tribunal.
However, here's the nuance that catches people out:
The conciliator's core role is to relay proposals and offers between the employer and the claimant. So while they won't go to the tribunal and repeat what you said, they will communicate the substance of your position to the other side, that's literally their job. If you volunteer information about your reasoning, your concerns or your willingness to settle, that information could shape how the claimant approaches the negotiation.
Discussions with Acas will not be referred to at any subsequent tribunal hearing. But what you reveal during conciliation may still give the other party strategic insight into your position.
💡 Tip: Treat every conversation with the Acas conciliator as if the other side will hear it because in substance, they often will. Be measured. Stick to your position. Don't overshare your anxieties or internal weaknesses. And get advice before engaging, not after.
The New 12-Week Conciliation Window (From December 2025)
As of 1 December 2025, the early conciliation period has been doubled from 6 weeks to 12 weeks. This applies to all cases where Acas is contacted on or after that date.
Why the change? Because Acas was overwhelmed. With approximately 45,000 live cases at the end of March 2025, some cases were not even allocated to a conciliator before the old 6-week period expired. In some instances, it was taking Acas a minimum of 4 weeks just to make initial contact, leaving less than 2 weeks for actual conciliation.
The extended window gives more time for meaningful settlement discussions, but it also means:
Longer uncertainty for employers; you may not hear about a potential claim for up to 3 months
Claims may surface long after you've forgotten about the underlying issue
The limitation clock is paused while early conciliation is active, so the extra time doesn't eat into the employee's deadline to bring a claim
💡 Tip: Keep thorough records of every HR situation — not just what you did, but why you did it. If a claim arrives months later, you'll need those records fresh. Good documentation is your best friend.
Don't Assume a Claim Is Out of Time
This catches employers off guard constantly. You might think, "That happened 4 months ago, surely it's too late for them to claim?" But here's how it actually works:
The clock for bringing a tribunal claim (usually 3 months less 1 day from the event) stops ticking the moment the employee notifies Acas. It only restarts when the early conciliation certificate is issued. And with the new 12-week window, the pause can be substantial.
On top of that, the tribunal system itself is under enormous pressure. Preliminary hearings are being listed into 2027, and full hearings into 2028 and beyond. Backlogs mean that even cases you thought had gone away could still be live.
Acas has also acknowledged that, regardless of whether the conciliator thinks the claim is out of time or weak, they will proceed with conciliation decisions on justifiability are matters for the tribunal, not Acas.
💡 Tip: Never assume a claim has expired just because time has passed. If you receive an Acas notification, take it seriously and respond — even if you believe the claim is late. Let the tribunal decide the time point, not you.
You Can Still Settle After Early Conciliation Ends
A lot of people think that once the early conciliation certificate is issued and formal tribunal proceedings begin, the chance to settle has gone. That's not true.
Acas post-claim conciliation continues to be available right up until a tribunal makes its final decision. Once your tribunal claim is accepted, a copy is sent to Acas and a conciliation officer is allocated to promote settlement. This is sometimes called post-claim conciliation.
The data backs this up: in 2023–24, 55% of employment tribunal cases returned to Acas resulted in a COT3 settlement. And the overall post-claim resolution rate (including other forms of resolution) was 79%. Research has also shown that around 35% of settlements were achieved after the early conciliation certificate was issued; much like mediations, where cases often settle in the weeks following, not on the day itself.
If a case does reach tribunal, there's also judicial mediation, which has approximately a 70% settlement rate.
Any settlement reached through Acas, whether during early conciliation or post-claim, is recorded in a COT3 agreement, which is legally binding.
💡 Tip: The door to settlement never fully closes until the tribunal makes its final decision. If the early conciliation period didn't result in a deal, don't burn bridges. A better offer (or a more realistic view of the risks) often emerges once formal proceedings are underway.
🔑 Quick-Reference: What Small Business Owners Should Do
Don't ignore Acas notifications. Around 90% of cases settle - engage, don't bury your head.
Get advice early. Acas won't advise you. Find an employment law specialist or HR consultant who will.
Be strategic with information. The conciliator relays your position to the other side. Share your offer, not your fears.
Keep records meticulously. Claims can surface months after events, especially with the new 12-week window.
Don't assume it's out of time. The limitation clock stops during conciliation.
Know that settlement is always on the table. Post-claim conciliation and judicial mediation give you multiple bites at the cherry.
Factor in the real cost of fighting. Tribunal hearings are expensive, stressful and can take over a year to reach a final hearing. A negotiated settlement is often the smartest commercial decision.
A Final Thought
With the Employment Rights Act introducing major reforms and Acas demand at record highs, the landscape of workplace disputes is changing fast. Disability discrimination claims alone rose by 40.7% in 2024–25, now accounting for 16% of all early conciliation cases compared to 9% just two years earlier.
Small businesses need to be proactive, not reactive. Invest in good HR practices, document everything and when a dispute arises, treat it as a business decision, not an emotional one.
If you need support navigating an Acas conciliation or preparing your HR processes to reduce tribunal risk, get in touch with What if HR. We help small businesses handle workplace disputes with confidence: before, during and after the Acas process.
Sources:
Acas Annual Reports 2023–24 and 2024–25;
Acas consultation responses;
Acas service evaluation data;
GOV.UK employment tribunal guidance;
The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025.