From 1 October 2026, the time limit for bringing the majority of Employment Tribunal claims will increase from three months to six months. (with the exception of redundancy payment and equal pay claims which already allow for six months).
This change may mean that both employers and employees have more breathing space to resolve matters outside of the Tribunal system and through their internal procedures and explore dispute resolution in a more structured way. However, it is also important to consider the more likely alternative and the increase of claims that could follow.
It is important that employees understand how this change will affect them if something does happen at work.
This new six-month time limit will not extend every existing deadline but is expected to apply to events or acts that occur on or after this date. We therefore would not recommend that employees presume that their existing deadlines will be automatically extended from this date.
The purpose of this change is to introduce greater employment protection and having double the amount of time to pursue claims should provide employees and employers with the opportunity they need to seek advice.
Keeping clear records and seeking advice early to ensure that all options are understood will help employers and employees have the time to meaningfully consider the next steps before making a decision to proceed.
Due to the delays already at the Employment Tribunal, some claims are taking a significant time to be processed, and many employers may not be put on notice that a claim has been issued against them until well over 6 months from the date of the incident, or from the employee’s termination date. This increase could mean that employers will face a significantly longer wait time to receive notice of a claim and therefore may have already taken steps to delete/erase files or employee data in accordance with their policies.
Whilst it can be obvious for many employers where the risk lies and who they can expect to present a claim; this is not always the case. To ensure employers are protected and have the information that they would need to robustly defend a claim, we would recommend a review of all data retention policies and record-keeping processes to align with this approaching change.
Employers may also want to consider the practical impact of obtaining witness evidence from staff who may be leaving the business by the time a claim reaches a hearing. A colleague’s memories may fade over time and therefore having the appropriate investigation documents, emails and meeting notes to refer to will be invaluable when it comes to preparing witness evidence.
It is not uncommon for employees to miss the window to pursue an Employment Tribunal claim, either because they misunderstood their rights, waited too long to get advice, or simply waited too long to contact Acas and issue their claim. Doubling the time window to pursue matters in the Employment Tribunal will likely lead to an increase in claims being pursued.
However, the impact and strain on the Employment Tribunal, as a result of this upcoming change, may not present itself for some time. This is partly due to the significant backlogs already being dealt with at the Tribunal.
At the moment we are seeing some claims facing waits of up to 2-3 years to reach their final hearing. With this change being made and with further employment protections already on the horizon, including the changes to unfair dismissal protections being brought in from January 2027, the Tribunal will undoubtedly take longer to process and manage their caseload from the point of issue until the final hearing.
Whilst this change will provide the parties with some breathing space from the previous 3 months limitation rule, it is always advisable to act quickly in any employment situation and seek clear advice from the outset.
Missing a limitation deadline can result in a claim being rejected and whilst the Employment Tribunal has discretion to extend this in certain circumstances, this will depend on the claims pursued.
Our team are able to assist with a range of enquiries and HR support. If you have concerns in respect of brining or defending a claim and limitation dates and would like support in reviewing your matter to determine whether you still have time to pursue a claim, please contact us on 01983 897003
Appointments are available by telephone or via video call, so no matter where you are in England or Wales we can assist you.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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