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In force since 2026-10-27, as the publisher states.
Copy read on 2026-11-10. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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2026 No. 1144 EMPLOYMENT TRIBUNALS The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2026 Made 27th October 2026 Laid before Parliament 4th November 2026 Coming into force 26th November 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by section 18A(1), (4), (11) and (12)(b) of the Employment Tribunals Act 1996.
Propose a change(1) These Regulations may be cited as the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2026. (2) These Regulations come into force on 26th November 2026. (3) These Regulations extend to England and Wales and Scotland.
Propose a changeThe Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 are amended in accordance with regulations 3 to 10.
Propose a changeIn regulation 2— (a) after the definition of “early conciliation form”, insert— “employed” has the meaning given by section 230(5) of the Employment Rights Act 1996; ; (b) omit the “and” after the definition of “respondent”; (c) at the end of the definition of “requirement for early conciliation” (before the full stop) insert— ; and “settlement” has the meaning given by section 18A(6) of the Employment Tribunals Act .
Propose a changeIn the Schedule, in rule 1 (satisfying the requirement for early conciliation)— (a) the existing text becomes paragraph (1); (b) after that paragraph, insert— (2) Where there is more than one matter, a prospective claimant may— (a) complete an early conciliation form regarding those matters together in accordance with rule 2; or (b) telephone ACAS regarding those matters together in accordance with rule 3. .
Propose a change(1) In the Schedule, rule 2 (early conciliation form requirements) is amended as follows. (2) For paragraph (2), substitute— (2) An early conciliation form must— (a) contain the prospective claimant’s name; (b) contain— (i) an address; (ii) a telephone number, if any; and (iii) an email address, if any, at which the prospective claimant can be contacted; (c) contain the prospective respondent’s name; (d) contain an address at which the prospective respondent can be contacted; and (e) confirm whether or not the prospective claimant wishes to reach a settlement. . (3) After paragraph (2), insert— (2A) Where the prospective claimant wishes to reach a settlement, an early conciliation form must also— (a) contain, where known to the prospective claimant, a telephone number and email address at which the prospective respondent can be contacted; (b) confirm whether or not the prospective claimant consents to ACAS contacting the prospective respondent about the matter; (c) provide an indication of what the matter is; (d) confirm if the matter is, or is alleged to be, ongoing or, if not, provide an indication of how long ago the matter occurred or finished occurring, or is alleged to have occurred or finished occurring; (e) confirm whether or not the prospective claimant raised the matter with the prospective respondent; and (f) confirm whether or not the prospective claimant is or was employed, or alleges that they are or were employed, by the prospective respondent. (2B) Where there is more than one prospective respondent— (a) the reference to “the prospective respondent” in paragraph (2A)(e) is to be read as a reference to at least one prospective respondent; and (b) otherwise, references to “the prospective respondent” in this rule are to be read as references to each prospective respondent. (2C) Where the prospective claimant wishes to satisfy the early conciliation requirement in respect of more than one matter in accordance with rule 1(2)— (a) the reference to “the matter” in paragraph (2A)(e) is to be read as a reference to at least one matter; and (b) otherwise, references to “the matter” in this rule are to be read as references to each matter. . (4) In paragraph (3), for “paragraph (2)”, substitute “paragraph (2) or, where applicable, (2A)”.
Propose a changeIn the Schedule, in rule 3(1) (telephoning ACAS), for the words “tell ACAS” to the end, substitute “tell ACAS the information specified in rule 2(2) and, where applicable, (2A).”.
Propose a changeIn the Schedule, omit rule 4 (cases where there are multiple prospective respondents).
Propose a changeIn the Schedule, in rule 5(2) (contact between ACAS and the parties), at the end, insert “, unless it concludes that settlement is not possible.”.
Propose a changeIn the Schedule, in rule 8 (early conciliation certificate requirements)— (a) for sub-paragraph (a), substitute— (a) the name of the prospective claimant and an address at which they can be contacted; ; (b) for sub-paragraph (b), substitute— (b) the name of the prospective respondent and an address at which they can be contacted; .
Propose a changeIn the Schedule, for rule 9(2) (service of early conciliation certificates) substitute— (2) Where an email address at which the prospective claimant or the prospective respondent can be contacted has been provided, ACAS must send the early conciliation certificate to that person by email and in any other case must send the early conciliation certificate by post. .
Propose a change