Author
Lucy Haines – Associate
The time limit for bringing most Employment Tribunal claims doubled from three to six months on 1 October 2026, as part of a wider programme of reforms under the Employment Rights Act 2025 (ERA).
We spoke to Associate, Lucy Haines, to understand the key things employers and employees should consider and what the change could mean for workplace disputes.
Which claims are covered?
The six-month time limit applies to virtually all Employment Tribunal claims, including unfair dismissal, discrimination, unlawful deductions from wages, whistleblowing and claims concerning working time, agency workers and TUPE.
The extension applies to employment tribunals in Great Britain (England, Wales and Scotland). It does not generally extend to Northern Ireland, where employment law is devolved and separate legislation applies.
The longer limit applies where the relevant date, such as the dismissal or alleged act, falls on or after 1 October 2026. Earlier events generally remain subject to the previous deadline, even if the claim is brought after that date.
What should employers consider?
The extension means a longer period of uncertainty for employers following a dismissal or alleged act. It could also increase the number of claims, particularly from individuals who would previously have missed the deadline.
The main practical considerations for employers are:
- Keep relevant evidence – once litigation is underway, employers should have clear practices to prevent key material being deleted. Depending on the claim, this could include outcome letters, performance records, emails and messages, even informal conversations. Claims brought later may become harder to investigate as memories fade or witnesses leave the business.
- Update HR guidance and training – review guidance and templates to reflect the longer time limit. Track deadlines carefully in live disputes and factor in Acas Early Conciliation.
- Consider the effect on grievances and settlement discussions – with less pressure to bring a claim quickly, internal processes and negotiations may become more drawn out. Seeking an early resolution, or narrowing the points in dispute, could help reduce prolonged uncertainty.
- Document dismissals and exits carefully – clear records made at the time and a properly managed process will be important if a claim arrives months later.
What should employees consider?
The extension gives employees more time to take advice, gather evidence and pursue internal processes before bringing a claim. It may also help prevent potentially valid claims being lost simply because the previous three-month deadline was missed.
However, there are still strong reasons to act promptly:
- Seek advice early – understanding the options at an early stage can help with internal resolution, settlement discussions and presenting a clear account of what happened.
- Preserve evidence – documents may become harder to obtain over time, while witnesses may forget events or leave the business.
- Factor in Acas Early Conciliation – this remains mandatory for most claims and affects the deadline calculation. Leaving it late increases the risk of getting that calculation wrong.
- Check for separate deadlines – some remedies and procedures still have shorter time limits, so employees should not assume they have six months to take every necessary step.
Looking ahead
Beyond these practical considerations, the extension could also affect the types of claims brought and how they are presented. Discrimination, harassment and whistleblowing claims, for example, may increase as employees have longer to process their experiences and decide whether to take action. More time to obtain advice and documents could also help employees set out their claims more clearly.
For employers, the longer window for claims makes it even more important to address concerns promptly and keep clear records of what happened and how decisions were made.
As part of the wider ERA reforms, the extension could have a lasting effect on workplace disputes. The coming months will give us a better sense of how this change works in practice.