Employers are facing a major shift in the risk landscape. With the new extended 12-week ACAS early conciliation period coming into effect on 1 December 2025 and the government’s proposal in the Employment Rights Bill to increase the time limit for submitting employment tribunal claims to 6 months, your organisation could now be dealing with allegations about events that happened up to 10 months earlier—or even more in some circumstances.
In this blog we break down what’s changing, why it matters, and what practical steps you should take to protect your business.
What exactly is changing with ACAS Early Conciliation?
The ACAS Early Conciliation (EC) period, the mandatory step before an employee can lodge an employment tribunal claim, is being extended from the current 6-week length to 12 weeks from 1 December 2025. What this means in practice is that employees will have much longer to initiate the process, which delays the point when you may even hear about a dispute. The issue of having to defend an employment tribunal case may not surface until many months after an incident.
How do the new 6-month tribunal time limits affect employers?
For certain employment claims, most notably unfair dismissal claims, the time limit to submit claims is set to increase to 6 months from the date of dismissal, doubling the current 3-month period. Combined with the ACAS early conciliation extension, this means an employee could wait nearly 9 monthsbefore submitting a tribunal claim, as the conciliation period ‘stops the clock’ on the time limit. By the time the employment tribunal processes the claim and sends it to you, it could be 10 months or even longer before you are notified.
Why is this being described as “The 10-Month Problem”?
Because the timeline from the incident to the employer being notified about a potential claim has effectively stretched out to almost a year. That’s a long time for:
- Witness recollections to fade
- Key managers to move roles or leave
- Digital messages to be deleted under routine IT policies
- Documents to become harder to retrieve
- Performance or conduct issues to be forgotten
If your documentation isn’t airtight and easily retrievable, your defence to a claim becomes much harder to prepare in such circumstances.
Which types of claims are most affected by the extended windows?
The change impacts a range of claims, including:
- Unfair dismissal
- Redundancy pay disputes
- Some discrimination and whistleblowing claims (where limitation periods are already complex and may be extended further)
- Contractual claims brought in the tribunal
Anything that relies heavily on the timing of events or procedural fairness is now at greater risk if documentation is incomplete.
What does this mean for how employers should handle record-keeping?
It means record-keeping is no longer just good practice—it is a legal and strategic necessity.
Employers must ensure:
- Documentation is created contemporaneously
- Records are centralised, not left in individual inboxes or devices
- Policies specify retention periods aligned with legal risk, not just GDPR minimisation
- HR and line managers know what to record, when, and why
What practical steps should employers take now?
Here are the priority actions:
1. Review retention policies
Make sure HR, disciplinary, grievance, performance, and investigation documents are kept long enough to cover the extended claim windows, we suggest at least 12–18 months, if not longer depending on the type of record.
2. Standardise documentation across the organisation
Train managers to record:
- Performance conversations
- Conduct concerns
- Notes from informal meetings
- Support or adjustments offered
- Follow-up actions and outcomes
Consistency could be the difference between winning and losing a claim.
3. Strengthen email and messaging retention rules
Automatic deletion settings (e.g., 90-day wipes) can now create serious gaps. Review:
- Outlook retention
- Teams/Slack message policies
- Shared drive archival
- Device replacement processes
4. Implement a “single source of truth”
Centralised HR systems (e.g., HRIS platforms) reduce the risk of lost data.
5. Refresh training for line managers
Most litigation risk arises from poor or missing documentation. Educate managers on:
- Why records matter
- What to write (and what not to write)
- How long to keep notes
- How to escalate issues early
6. Create a litigation hold process
When ACAS EC starts, immediately:
- Preserve relevant documents
- Identify key individuals
- Secure witness statements early while memories are fresh
Is this just about defending claims, or does it help prevent them too?
The short answer is it does both. Good documentation:
- Demonstrates a fair process
- Encourages timely intervention
- Creates transparency
- Reduces the likelihood of disputes escalating to claims
- Strengthens employer credibility in early conciliation, making settlement more achievable
A well-documented timeline is one of the most powerful deterrents to weak or speculative claims.
What are the biggest risks if employers don’t adapt?
- Lost or incomplete evidence, reducing chances of defending claims
- He-said/she-said disputes with no contemporaneous records
- Higher settlement costs due to weaker negotiation standing
- Extended litigation and management time
- Regulatory or reputational damage in serious cases (e.g., discrimination, whistleblowing)
The cost of improving record-keeping is tiny compared with the cost of a poorly defended tribunal case.
What’s the quickest way for employers to get compliant?
Start with a 3-step rapid review:
- Audit your HR documentation process
Identify where records are stored and where the gaps are. - Update your retention schedule
Extend relevant periods and align with the new limits. - Run targeted manager training
Focus on documentation habits and case-handling essentials.
Need help navigating these changes? View HR can support you in strengthening your HR documentation and compliance processes.
Our team includes former Board-level HR Directors and Employment Solicitors who understand both the legal requirements and the practical realities of managing employment records.
We’ll work with you to audit your current processes, identify gaps, and implement practical solutions that protect your business. Get in touch today to discuss how we can help your organisation adapt to these critical changes.
