On 1 October 2026, the time limit for bringing most claims in the Employment Tribunal increased from three months to six months. Although the reform does not alter the substance of employees’ employment rights, it represents an important change to the management of workplace disputes and the period for which employers remain exposed to potential claims.

What has changed?

Before 1 October 2026,  the starting point for the vast majority of employment rights claims (for example. unfair dismissal, discrimination claims and deduction from wages) was that they had to be presented within three months of the act complained of.  A smaller number of claims, including equal pay and statutory redundancy payment claims, were already subject to a six-month time limit. So generally employees had to act quickly to meet the three-month deadline. 

The Employment Rights Act 2025 and supporting secondary legislation have now made six months the standard limitation period for the majority of claims. The measures cover most statutory claims as well as claims under legislation dealing with part time and fixed term work. Breach of employment contract claims brought in the Employment Tribunal are also included in England and Wales. For breach of contract claims in Scotland the corresponding change is due to take effect on 9 November 2026.

Which claims benefit from the new limit?

In general, the extended period applies where the relevant event occurred on or after 1 October 2026. For a dismissal claim, the relevant date will usually be the effective date of termination. For other claims, it will normally be the date of the act, conduct, omission or failure complained of. Where a complaint concerns a series of similar acts or failures, the relevant date will generally be the last act or failure in the series.  This means that a dismissal with an effective date of termination before 1 October 2026 will normally remain subject to the three-month time limit.  The same will apply if the act of omission forming the basis of the claim occurred wholly before that date. However, where the alleged conduct is part of a series of acts or omissions, then the correct date would need to be identified carefully.

Acas Early conciliation

The change does not remove or alter the requirement to notify Acas before most Employment Tribunal proceedings are started. Nor does it replace the existing rules under which the limitation period may be adjusted to take account of Acas early conciliation. Those rules continue to apply to the new six-month period.

The existing powers giving tribunals discretion to consider certain late claims also remain relevant. Depending on the type of claim, the applicable test may be whether it was reasonably practicable to present the claim in time or whether an extension would be just and equitable.

What should employers do now?

The increased period gives employees more time to consider their position, obtain advice, pursue an internal grievance or appeal and attempt conciliation before deciding whether to issue proceedings. While this may have the effect of resolving disputes without litigation, it does mean that employers may have to wait considerably longer before knowing whether a workplace issue has resulted in a claim.  This may also mean that there is not the pressure to settle matters and so settlement discussions may become more protracted.  Another effect of the extended period is that this will impact on evidence.  As memories fade and managers change role or leave organisations it will be more important to keep contemporaneous records.

A wholesale rewrite of employment policies is unlikely to be necessary.  However, employers should consider the following:

  • Identify and correct any references to the three-month time limit in any policies and procedures such as grievance and disciplinary procedures;
  • Update any internal guidance on dispute resolution, exit negotiations and settlement discussions to reflect the increased window within which claims can be issued.
  • Review any document preservation arrangement including witness notes, investigation materials, emails, messages, medical or occupational health records, performance records and any documentation explaining the reasons for a decision.   Any revision to retention practices must remain consistent with data protection principles.
  • Finally, training should reinforce the importance of recording decisions at the time, retaining relevant evidence and alerting HR or legal teams promptly where a dispute may develop.