This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Missed a deadline? Learn how ACAS conciliation affects your limitation period, how the extension works, and exactly when you must file your tribunal claim.
Before bringing most employment tribunal claims in England and Wales, prospective claimants must first notify ACAS and engage in early conciliation. Early conciliation temporarily stops the usual time limits for submitting a tribunal claim while ACAS tries to help the parties reach a settlement. Understanding how time limits operate after early conciliation is essential for ensuring that a claim is lodged within the legal deadline. This article explains how early conciliation affects time limits, how long claimants have to file tribunal claims once conciliation ends, recent changes to the early conciliation period, and practical steps to manage deadlines.
What Is Early Conciliation and Why It Affects Time Limits
Early conciliation is a free, statutory requirement in most employment tribunal cases. When a prospective claimant contacts ACAS within the applicable time limit, this triggers the early conciliation process, which pauses the countdown of the primary limitation period for tribunal claims. Early conciliation involves a trained ACAS conciliator contacting the claimant and the respondent to explore settlement options. If conciliation does not result in a settlement, ACAS issues an early conciliation certificate containing a reference number needed to pursue a tribunal claim.
Pausing the time limit ensures that the opportunity to resolve a dispute informally does not unfairly reduce the time available to bring a formal claim. Only a tribunal can decide whether a claim was filed in time; ACAS cannot determine or advise on that point.
Standard Time Limits Before Early Conciliation
Before early conciliation starts, the normal time limits for tribunal claims (set out on Gov.uk) apply:
- 3 months minus one day for most types of claims, such as unfair dismissal, unlawful deduction from wages or discrimination.
- 6 months minus one day for certain claims including statutory redundancy pay and equal pay claims.
These time limits begin from the date of the relevant act (for example, the date of dismissal or the last act of discrimination). It is important to notify ACAS within these time limits to benefit from the pause on the countdown.
How Early Conciliation Pauses the Time Limit
Once a prospective claimant notifies ACAS within the correct time limit, the “clock” for the primary limitation period is paused from the date of notification until the date the early conciliation certificate is issued. During this period, the original time limit is not counted down against the claimant.
This pause applies whether or not the parties meaningfully engage in conciliation; the period between the date of notification and the date of the certificate is excluded from the limitation period calculation.
Time to Submit a Tribunal Claim After Early Conciliation
After early conciliation ends and the certificate is issued, time begins running again for the purpose of the original limitation period. In most cases:
- Once the early conciliation certificate is issued, claimants have at least one calendar month from the certificate issue date to submit their ET1 claim form to the employment tribunal.
If the original limitation period would have expired during early conciliation or within one month after, the time limit instead expires at the end of that one‑month period after the certificate is issued. This effectively extends the deadline beyond the original limitation period by the length of time spent in early conciliation, and in most cases provides a guaranteed 1‑month filing window from the certificate date.
Recent Changes to the Early Conciliation Period
Historically, the maximum early conciliation period was six weeks from the date ACAS received notification. However, legislation coming into force on 1 December 2025 extends this maximum period to 12 weeks for early conciliation requests made on or after that date.
This change affects the period during which the time limit is paused, because:
- The primary limitation period will be paused for the entire duration of early conciliation, now up to 12 weeks instead of six weeks (if conciliation runs to its maximum).
- After early conciliation ends, claimants will still have at least one month from the date of the certificate to file a claim.
For example, if early conciliation takes the full 12 weeks, the time limit to bring a tribunal claim will be extended by those 12 weeks plus the subsequent one‑month filing period. Claimants should track these dates carefully because an extended conciliation period can shift the practical deadline by three months or more.
Practical Example
- A claimant's unfair dismissal took place on 1 January. The three‑month primary limitation period would normally expire on 31 March.
- The claimant notifies ACAS of early conciliation on 15 March; the time limit is paused at that moment.
- If conciliation continues to its 12‑week maximum and ends on 7 June, the clock restarts on that date.
- The claimant will then have at least one calendar month from 7 June (i.e., until at least 7 July) to submit the ET1 claim form.
Claimants must understand that these calculations hinge on contacting ACAS within the original limitation period; if notification occurs after the primary period has expired, the tribunal may not accept the claim unless it grants an extension in exceptional circumstances.
Practical Tips for Managing Time Limits
Notify ACAS Early
Ensure early conciliation is started as soon as possible after the event giving rise to a claim. Notifying ACAS within the statutory time limit preserves the claimant's right to file a tribunal claim later.
Track Dates Closely
Document the date ACAS received the early conciliation notification and the date the certificate was issued. These dates determine when the pause began and when the one‑month post‑certificate period starts.
Prepare for Filing While in Early Conciliation
Because the limitation period is paused during conciliation, some claimants find it helpful to prepare their ET1 form and supporting evidence before the certificate is issued. This reduces pressure once the one‑month window begins.
Seek Professional Guidance
Deadline calculations can be complex where conciliation runs close to or beyond the original limitation period. Legal advice ensures correct interpretation of timescales.
Common Questions
Does the one‑month period after the certificate replace the original time limit?
Yes, if the original limitation period would have expired during early conciliation or within one month after, the time limit instead expires at the end of the one‑month period from the certificate date.
What happens if late notification of ACAS occurs?
If a claimant contacts ACAS after the primary limitation period has expired, the tribunal may reject the claim as out of time unless the tribunal exercises discretion to extend the deadline - which is uncommon and requires strong justification.
Does the extended early conciliation period affect all claims equally?
Yes, the pause on time limits applies to most tribunal claims that require early conciliation. Some exempt claim types have different procedural requirements.
Key Takeaways
Time limits after ACAS early conciliation are crucial to ensuring an employment tribunal claim is accepted as in time in England and Wales. Early conciliation pauses the normal limitation period from the date a claimant contacts ACAS until the date ACAS issues the early conciliation certificate. Once the certificate is issued, claimants generally have at least one calendar month to submit their ET1 tribunal claim form. From 1 December 2025 the maximum early conciliation period will increase from six to twelve weeks, extending the period during which the limitation “clock” is paused. Meticulous tracking of these deadlines and timely notification to ACAS preserves claim rights while providing extra time to seek settlement or prepare for tribunal proceedings.
