Legal change slips in unnoticed but may cause headache for HR

A seemingly small change has been passed which comes into effect on 1st December. It means that when an employee engages the ACAS early conciliation process, the time limit for bringing a tribunal claim will pause, not for the current 6 weeks but for 12.

The significance of this may easily be missed. The practicality of this now, is that an ex employee may be able to bring tribunal proceedings up to 7 months after leaving employment. This means that in any industry or business with a high turnover of staff, the people who witness any events that give rise to a tribunal claim, could well have left your employ before you even know you have a claim to defend.

With the current delays in tribunal administration, in reality it could be 12 months before an employer finds out they have a case.

Practical steps

1.      Carry out documented exit interviews in all cases of departure.

2.      If dismissal is the reason for departure (not resignation) take written statements from all relevant staff at the time of the dismissal.

3.      If resignation is the reason for departure, keep the employee’s records handy, and up to date, for at least one year post termination. 

There is worse news for employers in the pipeline the new Employment Rights bill will extend the initial 3 month period for contacting ACAS to 6 months. The Government has said they intend this change to come into effect in October next year.

You can be brought up to date with all this year’s changes and the changes you need to prepare for in 2026, at our annual seminar on 14th January. Places are limited so sign up before they are gone. Click HERE.