ACAS and Court Delays: Employment Tribunal Claims May Take 6 Months to Reach Employers

Even if an employee’s employment ended more than 3 months ago, don’t fall into the trap of thinking you are clear of a potential Employment Tribunal claim. Current delays both at ACAS (Advisory, Conciliation and Arbitration Services) and in the Employment Tribunal mean that employers may not hear about a claim until 6 months after the date of termination or alleged incident.

Understanding the time limits of bringing an Employment Tribunal claim, the ACAS conciliation process, and steps to defend a potential claim, is crucial to protecting your business.

Employment Tribunal Claim Time Limits After Termination

In order for an employee to bring an Employment Tribunal claim against their employer, they must in most cases do so within three months less one day from their effective date of termination or date of the incident (i.e. act of discrimination). Note, however, some claims such as equal pay have a longer time limit of six months less one day.

However, before a claim can be submitted to an Employment Tribunal, an employee must engage with ACAS. This is a forum that helps employers and employees resolve disputes through impartial advice, conciliation and arbitration services prior to a formal claim being lodged at the Tribunal. The employee must notify ACAS of their intention to bring a claim within three months less one day from their effective date of termination; or date of the incident.

Once ACAS are notified, this will essentially “stop the clock” on the time limit to lodge a claim, and a conciliator will be assigned to the case to liaise with the parties to try and resolve the dispute. This will usually last for a period of four weeks (but can be extended to six weeks by agreement). If no resolution is reached during this time, an ACAS certificate is issued, typically providing an employee with a further month in which to lodge a claim at the Tribunal.  

It is important to note that a claimant does not have to engage in the conciliation process and can instead ask for the issuance of an ‘early conciliation certificate’ and go on to file a claim at the Tribunal.

The Impact of Delays in the Courts

Whilst the above time limits are clear, unfortunately practical delays are becoming more common due to an increase in claims (we covered this topic in depth in this article). As such, at present it is currently taking up to five weeks for a conciliator to be assigned to a case once ACAS has been notified. Manchester Employment Tribunal have also reported up to a twelve-week delay to process claim forms and the Leeds Employment Tribunal have reported similar delays. Further, once claims have been processed, there are reported delays of hearings not being listed until 2028.

This undoubtedly creates uncertainty for employers, as it could mean that they are only finding out about a claim against them almost six months following an employee’s termination date or alleged incident, meaning they are then having to recall and research allegations which in some cases happened a significant number of months prior.

Changes Proposed Under the Employment Rights Bill

To add to this, whilst we know the Tribunal system is already under strain, proposals under the Employment Rights Bill would see an extension to the time limit for an employee to bring claims to six months,  as well as further extensions to employee rights, both of which are anticipated to lead to an increase in the number of claims lodged.

How Employers Can Prepare Accordingly

In light of delays at the Tribunal and proposals under the Employment Rights Bill, it is important that employers ensure that they keep accurate records and any other relevant paperwork relating to their former employees that may be relevant to defending a potential claim brought by them, whilst also bearing in mind any obligations under data protection law too.

When to Seek Legal Support

If you do find yourself in a situation where you have been notified of a claim, the AfterAthena Employment Tribunal team are here to assist you. We work with clients both on a retained basis with optional legal expenses insurance, or though ad-hoc instructions, so please do not hesitate to reach out.