From 1st October 2026 the Employment Rights Act 2025 extends the time limit for bringing an Employment Tribunal claim from three months to six months, giving employees twice as long to commence legal proceedings.
The extension will apply to the majority of Employment Tribunal claims where the relevant act or dismissal occurs on or after 1st October 2026.
Key claims include:
This will bring the time limit for these claims in line with statutory redundancy pay and equal pay claims, which already have a six-month time limit.
Note that any claims arising from events occurring before 1st October 2026 will remain subject to the existing three-month limit.
Why does it matter for employers?
Employers will now face a longer period of uncertainty following dismissals, grievances and other workplace disputes; it could well be nearly a year before the business receives a claim form, when ACAS Early Conciliation and Tribunal backlog is taken into account.
The extended time limit may also lead to an increase in number of claims, with employers potentially having to defend matters where the underlying events took place considerably further in the past.
From a practical perspective, employers may find themselves faced with additional challenges such as the departure of managers/witnesses from the business, recollections fading from all involved, and evidence not being retained for sufficient time after the event.
What should we do?
It is more important than ever that your business can rely on written, contemporaneous evidence to defend a claim. As such:
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Ensure that your policies are up to date and robust. In particular, policies relating to grievance and disciplinary procedures, discrimination (including harassment) and whistleblowing should be properly reviewed.
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Train line managers appropriately. It is essential that they understand the importance of keeping a contemporaneous written record of issues arising, and where to store them; as well as to familiarise themselves with the business’s policies and procedures – and ensure they follow them.
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Review your business’s record-keeping practices and document retention procedures;
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Prioritise early dispute resolution; and
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Seek legal advice promptly when issues arise.
Although the extension of the time limit may appear to be a simple change, the knock-on effect could be catastrophic. Businesses need to prepare for litigation from the outset - not retrospectively.
If you require any help or assistance regards this topic or anything else employment law related, please contact our Employment Law Team.
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