Employment tribunal time limits doubled — 5 key priorities for employers

From 1 October 2026, the time limit for bringing most employment tribunal claims doubled from three months to six months. The change applies to a wide range of claims, including unfair dismissal, discrimination, whistleblowing detriment and unlawful deductions from wages.

The employment tribunal system was intended to provide a faster and less formal method of judicial determination than the civil courts. A short limitation period reflected that purpose, encouraging prompt resolution of workplace disputes. 

However, employment rights have evolved considerably since the system was first introduced. The extension reflects the reality that workplace disputes are often more complex than they once were. Today’s employment tribunal system is required to determine a substantial range of workplace disputes and statutory employment rights, with disputes frequently involving complex factual allegations and multiple overlapping legal claims.  

The new six-month (minus 1-day) time limit took effect on 1 October 2026. However, transitional provisions mean that it won't apply in every case.

While procedural in nature, the change will have practical consequences for both employers and employees. Employees now have longer to seek advice and decide whether to bring a claim, while employers may face a longer period of uncertainty and will need to think carefully about preserving evidence from the point that an issue first arises.

Here, Jon Galloway and Dan Walker from our employment team break down what’s changed, how the transitional provisions work and what employers need to be thinking about now.

What do the transitional provisions mean in practice?

With effect from 1 October 2026, the limitation period for most employment tribunal claims increased from three months to six months. However, the transitional provisions are important, as how long an employee has to bring a claim will depend on when the act or failure to act happened. 

The increase only takes effect where the act or failure to act giving rise to the complaint (the “relevant date”) occurred on or after 1 October 2026. 

Where a complaint relates to a series of acts or failures to act, things become slightly more complicated. In those cases, the six-month time limit only applies if the last act or failure took place on or after 1 October 2026. 

Similarly, where a claim relates to a series of detriments or instances of less favourable treatment, the amendments made by the Regulations will only apply to cases where the date of the last act or failure is on or after 1 October 2026.

Therefore, if the “relevant date” (being the act or failure to act or the last act in a “series of acts”) happened before 1 October 2026, the extended period won’t apply. 

What isn’t changing

The reform changes the primary limitation period for bringing employment tribunal claims. However, the existing statutory and discretionary mechanisms for extending time for claims brought outside the primary limitation period will also remain relevant. Depending on the type of claim, a tribunal may consider whether it wasn’t “reasonably practicable” to present the claim in time or whether it would be “just and equitable” to extend time.

ACAS Early Conciliation will also remain part of the process and prospective claimants must generally notify ACAS before commencing proceedings.

A longer window for claims means a greater risk profile 

The immediate consequence is that workplace issues that would previously have fallen outside the three-month time limit for bringing a claim will remain actionable for longer. 

This creates several practical risks, including:

Evidential issues

Employment tribunal litigation is heavily dependent on contemporaneous documents and witness evidence and the quality of that evidence rarely improves with time. Memories fade, managers change roles or leave the organisation and while documents may remain available, their context can become more difficult to understand later on. 

Data subject access requests 

Employees who make data subject access requests at an early stage may receive responses before preparing or issuing tribunal proceedings, potentially giving them access to material that may previously have remained unavailable to them within the traditional three-month limitation period.

Earlier workplace issues may feature in subsequent claims

An extended limitation period may give employees (or claimants) more scope to rely on earlier incidents or events, whether as standalone allegations or as part of an alleged continuing course of conduct or “continuing act”.

This doesn’t mean that every historical allegation can now be pursued. Whether separate incidents amount a continuing act of conduct extending over a period remains a fact-sensitive question. Nevertheless, the reform widens the period from which potentially actionable allegations may be drawn. 

Disputes may remain unresolved or be unknown for longer

Employers will have a longer window during which a claim may be presented. Given the delays in the tribunal process (including delays in the tribunals serving respondents with the notice of a claim), plus the extension to ACAS early conciliation period from six weeks to 12 weeks, a formal claim may not arrive for a considerable period of time. This may affect decisions about document retention, settlement strategy, internal reporting and the assessment of risk.

Five priorities for employers 

The change is unlikely to require dramatic organisational change. However, it does make a number of good employment practices even more important.

In particular, employers should:

1. Strengthen & understand document retention

Evidence relating to workplace decisions may need to remain accessible for longer. Employers should ensure that document retention policies reflect the reality that litigation may emerge many months after a workplace issue. It’s also worth checking that HR systems and email deletion practices don’t result in potentially relevant information being lost while a claim remains a possibility.

2. Investigate early

Issues that previously appeared unlikely to result in litigation may now remain actionable for longer. Prompt and thorough investigations will therefore become even more important. Grievances, disciplinary issues, whistleblowing concerns and allegations of discrimination or harassment should continue to be investigated while documents are readily available and witnesses’ recollections are fresh. A fair and timely internal process may also resolve the issue before litigation becomes necessary.

3. Train managers on the importance record-keeping

Managers should understand that decisions made today may face external scrutiny many months later. Clear, factual and contemporaneous notes will be increasingly important. Refresher training on notetaking, holding investigatory, grievance and disciplinary meetings and storage of relevant records should be considered. 

4. Review settlement strategy

A longer period of uncertainty may justify an earlier review of disputes that carry material legal, financial or reputational risk. While that doesn’t mean that every workplace complaint should lead to settlement, employers should identify potential claims early, evaluate the available evidence and make timely decisions about whether internal resolution, ACAS conciliation or another form of dispute resolution is commercially appropriate.

5. Review grievance & appeal handling

One aim of the reform is to provide more opportunity for disputes to be resolved before proceedings are issued. Employers with prompt, credible and well-documented procedures will be better placed to use that opportunity. 

Key takeaway at a glance

The increase from three to six months doesn’t require wholesale organisational change. It does, however, increase the value of early investigation, clear decision-making and effective evidence preservation. In practice, employers that investigate issues thoroughly and document them well at the time that they arise are likely to be less affected by the increase to time limits.

The reform may give parties more time to resolve disputes without litigation. For employers, taking advantage of that opportunity will depend on spotting risk early and dealing with it effectively.

Talk to us

With employees now having longer to bring tribunal claims, employers should place even greater emphasis on conducting prompt, well-managed investigations and workplace meetings while evidence is available and memories remain fresh. This is particularly important when dealing with grievances, disciplinary issues and long-term health or absence cases.

Our employment team advises employers on workplace investigations and provides practical training for line managers on handling investigations, disciplinary and grievance procedures and long-term sickness absence matters. 

To find out more about our training and employment law support, give us a call on 0333 004 4488, email us at hello@brabners.com or complete our contact form.