Employment Tribunal Time Limits Double from 1 October 2026

A significant extension to employment tribunal time limits comes into force on 1 October 2026, giving employees twice as long to bring most claims. Employers should take this opportunity to review their approach to record keeping, document retention and dispute management in anticipation of a likely increase in tribunal litigation.

From 1 October 2026, the time limit for bringing most employment tribunal claims will increase from three months to six months. This change is introduced by Schedule 12 of the Employment Rights Act 2025 and related commencement regulations. The new provisions come into force on 1 October 2026 and generally apply where the relevant act, omission or dismissal occurs on or after that date. 

The Government has stated that the reform is intended to give parties more time to:

• Resolve disputes internally;
• Engage in ACAS Early Conciliation;
• Obtain legal advice; and
• Properly assess the merits of potential claims. [business.gov.uk]

The extension applies to the majority of employment tribunal claims, including:

• Unfair dismissal;
• Discrimination claims;
• Unlawful deductions from wages;
• Whistleblowing detriment claims; and
• Many other statutory employment rights claims.

Some claims already carried a six-month limitation period and are therefore unaffected. 

Importantly, employees will still be required to engage in ACAS Early Conciliation before presenting a tribunal claim. The extension does not remove that requirement. 

For employees, the change provides greater flexibility and reduces the pressure created by the relatively short three-month limitation period.

For employers, however, the extension creates a longer period of uncertainty following a dismissal, grievance outcome or workplace dispute. Issues which might previously have appeared to have concluded could now remain “live” for six months, and potentially longer once ACAS Early Conciliation periods are taken into account. 

Employers may also face practical challenges where:

• Witness recollections fade over time;
• Managers move roles or leave the business;
• Documents become harder to locate; and
• Relevant evidence is not retained for long enough. 

Many employment law commentators anticipate that the change will contribute to an increase in tribunal claim volumes. The longer limitation period gives employees additional time to seek advice and consider potential claims, which may result in disputes proceeding that would previously have fallen out of time. 

Employers should therefore expect:

• Longer periods of litigation risk following dismissals and workplace disputes;
• Increased emphasis on robust record keeping;
• Greater scrutiny of dismissal and grievance procedures; and
• More claims being pursued after extensive internal processes have concluded. 

Ahead of 1 October 2026, employers should consider:

Reviewing document retention procedures

• Ensure disciplinary, grievance and capability records are retained for sufficient periods.

Strengthening workplace investigations

• Accurate contemporaneous notes and witness evidence will become even more important.

Updating policies and handbooks

• Any references to employment tribunal time limits should be checked and amended. 

Training managers

• Managers should understand that employment disputes may remain actionable for longer than before.

Assessing litigation strategy

• Employers may wish to consider earlier settlement discussions where disputes carry significant risk. 

The extension of employment tribunal time limits from three months to six months represents one of the most significant procedural changes introduced by the Employment Rights Act 2025. From 1 October 2026, employers will face a longer period of exposure to employment claims and should ensure that policies, record-keeping practices and management training are fit for purpose.

Employers and employees should be wary of the ‘time limit trap’ as the extended limitation period attaches only to acts done on or after 1 October 2026. So it will be important to ensure the current time limits for all acts that occur before this date are kept.

Whilst the reform is intended to improve access to justice and encourage dispute resolution, many employers are likely to experience increased uncertainty and a higher risk of tribunal proceedings. Taking proactive steps now will place organisations in the strongest possible position to manage that risk effectively. 

If you require advice on updating your policies, defending employment tribunal claims or preparing for the wider Employment Rights Act reforms due in 2026 and 2027, please contact our Employment Team.