When an employee raises a concern, it can be tempting to put off a difficult conversation. In a small business, finding time to investigate a grievance or address a deteriorating working relationship can be particularly challenging.
But leaving an issue unresolved can make it harder to manage later.
Changes to the Acas early conciliation process take effect on 26 November 2026. They are a useful reminder that employers should address workplace disputes promptly, rather than rely on contact from Acas as an opportunity to resolve matters before a tribunal claim arrives.
What is Acas early conciliation?
Early conciliation gives employers and individuals an opportunity to resolve an employment dispute with help from an impartial Acas conciliator.
In most cases, someone considering an employment tribunal claim must notify Acas first. Taking part in settlement discussions is voluntary, and notifying Acas does not mean a claim will necessarily follow.
If the dispute is not resolved, Acas issues an early conciliation certificate. The individual can then use the certificate number when submitting a tribunal claim. Discussions through Acas can continue after a claim has been submitted.
What changes on 26 November 2026?
The new rules introduce additional information requirements when someone notifies Acas about a potential claim.
The individual must confirm whether they want to reach a settlement. If they do, they must provide further information, including:
An indication of what the dispute concerns.
Whether the issue is ongoing or approximately when it occurred.
Whether they have raised the matter with the employer.
Whether they consent to Acas contacting the employer.
The changes also make clear that Acas does not need to contact the prospective employer respondent if it concludes that settlement is not possible. The rules apply in England, Wales and Scotland.
Could a tribunal claim arrive without prior contact from Acas?
Yes. However, this possibility is not entirely new.
Acas already explains that an employer will not receive an early conciliation certificate if the individual did not consent to Acas contacting them, or if Acas could not make contact.
An employer may therefore first become aware that a dispute has progressed to a tribunal claim when it receives the claim documentation. The absence of contact from Acas does not mean the issue has gone away.
For business owners, the practical message is straightforward: take opportunities to address concerns within the business as they arise.
Five practical steps for employers
1. Take concerns seriously from the outset
A concern may first emerge through a conversation, an email or a complaint to a supervisor.
Listen carefully, clarify what has happened and decide what action is appropriate. Informal resolution may help, but serious allegations or unresolved concerns may require a formal process.
Make sure the employee understands what will happen next and when they can expect an update.
2. Follow a fair and consistent process
Before making decisions about conduct, performance or a grievance, establish the facts and give the employee an opportunity to respond.
Use your procedures to guide the process. Rushed decisions, unclear allegations and predetermined outcomes can make an already difficult situation harder to resolve.
3. Keep clear, factual records
Record the concern, the steps taken, the information considered and the reasons for your decisions.
Confirm key discussions and agreed actions in writing. Clear records help everyone understand what happened and make it easier to review the matter fairly if further concerns arise.
4. Help managers recognise when to seek support
Managers are often the first people to hear about a workplace problem. They need to know how to respond and when to involve someone else.
A complaint involving discrimination, harassment, whistleblowing or a significant health concern should prompt early advice. Managers should also seek support where a working relationship is breaking down or dismissal is being considered.
5. Get advice before committing to a difficult decision
Seeking advice early gives you more time to assess the facts, consider your options and plan the next conversation.
This can be particularly valuable when handling a grievance, managing persistent performance concerns or considering how to bring an employment relationship to an end.
What if a tribunal claim arrives?
Act promptly. Identify the response deadline in the tribunal correspondence, preserve relevant records and obtain advice on the claim and your response.
If you have employment practices insurance or legal expenses cover, check the notification requirements promptly.
Even after a claim has been submitted, there may still be opportunities to resolve the dispute through Acas.
Practical HR support before issues escalate
Small businesses do not always have an internal HR team to turn to when employee issues become difficult.
Melford People Partners provides practical advice and flexible support with grievances, disciplinary matters, performance management and difficult workplace conversations. We help you understand your options, follow a fair process and make informed decisions.
Based in Long Melford, we support businesses across Suffolk, Essex and Cambridgeshire, with remote support and on-site consultancy by arrangement.
Have an employee issue you need help with? Book an introductory call to discuss your next steps.
Want to review your wider HR arrangements? Take our free HR Health Check to identify areas that may need attention.
This article provides general information for employers in England, Wales and Scotland. Specific advice should be sought on individual circumstances.
