Employment Tribunal Time Limits Have Doubled to Six Months

Last week (1 October) saw the time limit for employees to bring most claims to an
Employment Tribunal double from three months to six months. This represents a
major change in employment rights, giving workers significantly more time to launch
legal challenges against employers.

Here is what you need to know about how this change works and what it means for your
business.

Which Claims Are Covered?

The new six-month window is now the standard rule. It covers the vast response of common
tribunal claims, including:

• • Unfair dismissal
  • Workplace discrimination
  • Working time and holiday pay disputes
  • National Minimum Wage issues
  • Breach of contract (England and Wales only for now; Scotland is expected to follow
    suit on 9 November 2026)

How the Timeline Works

The new rules apply to any workplace event or dismissal that happens on or after 1 October
2026.

• • For dismissals: The six-month clock starts ticking from the employee’s final day of
    employment.
  • For issues during employment: The clock starts on the date the incident occurred. If it
    is an ongoing issue or a series of events, the six months start from the very last
    incident in that chain.
  • Old rules still apply to older cases: If the dismissal or incident happened entirely
    before 1 October 2026, the old three-month deadline still applies.

Note:
The claim needs to be submitted within the relevant time limit. So, to work out the correct
time limit, add on 3 or 6 calendar months then take off 1 day. The existing rules for Acas early
conciliation remain the same. The clock will still pause while Acas tries to help both parties
reach a settlement.

Practical Steps for Employers

With employees holding a longer window to file a claim, businesses face a higher risk of
“historic” claims catching them off guard. To protect your organisation, take these practical
steps immediately:

• Keep Records for Longer: Because disputes can surface half a year after an employee
  leaves, you must preserve all relevant documents – including emails, disciplinary notes,
  performance reviews, and termination letters – for a longer period.
• Prioritise Internal Grievances: Do not let internal complaints linger. Resolve grievances
  and appeals quickly and thoroughly. A longer tribunal window means employees have more
  time to see if an internal issue resolves before deciding to take legal action.
• Train Your Managers: Ensure your HR team and line managers understand that
  documentation is more critical than ever. Memories fade over six months, so having clear,
  contemporaneous written notes of conversations and decisions will be your best defence in
  a tribunal.
• Update Internal Policies: Review your staff handbooks and internal HR guides to ensure
  any references to tribunal timeframes accurately reflect the new six-month rule.

Please get in touch if you have any questions regarding the issues discussed in this article.
E: help@jma-hrlegal.co.uk / T: +44 (0)1252 821792