Employment Tribunal Time Limits Extended to Six Months: Employer Q&A

Following our look at the Acas 2025–26 annual report, we're turning to another major change on the horizon: from 1 October 2026, the time limit for bringing most Employment Tribunal claims doubles from three months to six months. It's one of the most significant procedural reforms under the Employment Rights Act 2025. Here's what's changing, and what it means for your business.

What exactly is the new employment tribunal time limit?

Currently, most Employment Tribunal claims, including unfair dismissal, discrimination, whistleblowing, TUPE, and Working Time Regulations breaches, must be presented within three months less one day of the act complained of. From 1 October 2026, that period extends to six months less one day for the vast majority of claims.

From what date does the six-month limit apply?

This is a key detail: the extended limit only applies where the act or failure complained of falls on or after 1 October 2026. Where a claim involves a series of acts, for example a series of unlawful deductions from wages then the six-month limit applies if the last act in that series falls on or after that date. Claims based entirely on events before 1 October 2026 remain subject to the existing three-month limit.

Does Acas early conciliation still apply in the same way?

Yes, the requirement to notify Acas before issuing a claim is unchanged, and Early Conciliation still pauses the clock while conciliation is ongoing. Worth noting: for notifications submitted on or after 1 December 2025, the conciliation window itself was separately extended from six to twelve weeks. Combined with the six-month tribunal limit, disputes could stay live for considerably longer than employers are used to.

Why is this change being introduced?

The government's stated aim is to improve access to justice, giving employees more time to seek advice, gather evidence and properly weigh up whether to bring a claim rather than rushing a decision inside a tight three-month window.

What does this mean practically for employers?

Several things follow directly. Potential claims will stay "live" for much longer after a dismissal, grievance outcome or disciplinary decision, so your risk window effectively doubles. Investigation and disciplinary records, exit paperwork and performance management notes will need to be retained for longer, since evidence may be needed many months after the event. With more time to reflect, employees may be more likely to take advice and pursue claims that might previously have lapsed through delay.

What should employers do to prepare before October 2026?

Three steps stand out.

1. Review document retention policies now, so dismissal, disciplinary and grievance records are kept for a period reflecting the new six-month limit, not the old three-month one.

2. Brief HR and line managers on the change, since decisions taken from October 2026 onward carry a longer tail of potential risk.

3. Revisit internal processes to make sure grievances and disciplinaries are handled promptly and fairly. Early, well-documented resolution becomes even more valuable when the window for a claim is longer.

Bottom line

From 1 October 2026, employees will have twice as long to bring most Employment Tribunal claims. It's a change that rewards employers who prepare early so get your record-keeping, HR training and internal processes in shape well ahead of the deadline. We've repeated it in a number of our Impact Insights but now is the time for a review of your contract and policies.

If you need advice then get in touch with Oliver Tasker today:

📞 Call: 01522 776270
✉️ Email: oliver@impactemploymentlaw.co.uk

Impact Employment Law Limited - Advice. Protection. Impact.