Employment Tribunal Time Limits Are Changing: What Employers Need to Know
Significant changes to employment law continue to be introduced under the Employment Rights Act 2025 reforms. From October 2026, employees will have longer to bring claims in the employment tribunal, increasing the period during which employers may face legal action.
Employers should be aware of these changes, as they will affect both the period during which claims can be brought and the length of time employment records may need to be retained. The reforms are also likely to influence how organisations manage workplace issues, investigations and potential disputes.
Employment Tribunal Time Limits: What Is Changing?
At present, most employment tribunal claims must be lodged within three months less one day of the relevant event, such as a dismissal, alleged act of discrimination or other workplace issue.
From 1 October 2026, this time limit is expected to increase to six months less one day for most employment tribunal claims. This significantly extends the period during which employers may face legal action and will apply to many common employment disputes, including:
- Unfair dismissal claims
- Discrimination claims
- Breach of contract claims
- Detriment and whistleblowing-related claims
- Other statutory employment rights claims
The new time limits will only apply where the relevant act, detriment or termination occurs on or after 1 October 2026. Claims arising entirely before that date will remain subject to the current three-month time limit.
The Continued Role of Acas Early Conciliation
Before an employee can issue a claim in the employment tribunal, they must first notify Acas and engage in the Early Conciliation (EC) process. This requirement remains unchanged.
Early Conciliation gives employers and employees an opportunity to resolve workplace disputes before formal employment tribunal proceedings are started. During this process, the tribunal time limit is effectively paused while conciliation is ongoing.
A recent change has also extended the EC process itself. For notifications submitted on or after 1 December 2025, the maximum conciliation period increased from six weeks to twelve weeks.
When combined with the new six-month tribunal time limit from October 2026, employers could face a much longer period of uncertainty before a potential claim is either settled or formally issued. However, the extended timeframe also provides greater opportunity for both parties to resolve disputes through negotiation and avoid the cost and disruption of tribunal proceedings.
What Does the Extension of Employment Tribunal Time Limits Mean for Employers?
For businesses, particularly small and medium-sized employers, the extension of Employment Tribunal time limits will require a longer-term approach to managing employment risk.
One of the most significant implications is that potential claims will remain “live” for considerably longer. Whereas employers have traditionally been able to assess their exposure after approximately three months (also taking into account the Early Conciliation period), from October 2026 that period will effectively double. This may prolong uncertainty following dismissals, grievances and workplace disputes.
Businesses should review their document retention and HR procedures to ensure key records remain available for longer periods. Employment contracts, disciplinary and grievance records, performance management documentation, investigation materials and correspondence relating to employment disputes may all become relevant evidence if a claim is brought many months after an issue first arises.
As a practical measure, employers may wish to retain relevant records for at least ten months following a termination or workplace dispute, allowing for both the extended limitation period and the Acas Early Conciliation process.
The reforms may also result in an increase in Employment Tribunal claims, as individuals have more time to seek legal advice and consider their options. Employers should therefore ensure that workplace processes are followed consistently and that managers are appropriately trained to handle disciplinary, performance and grievance matters.
Preparing Your Business for the Changes
Although the new time limits will not take effect until October 2026, businesses should begin preparing now. Reviewing HR policies, auditing record-keeping practices and providing management training can help reduce legal risk and place organisations in a stronger position should a dispute arise.
Taking proactive steps now can help employers respond confidently to workplace issues and minimise the potential cost and disruption of Employment Tribunal proceedings.
If you would like advice on how these changes may affect your business, or assistance reviewing your employment procedures and documentation, our employment law team would be pleased to help.
At GA Solicitors, our experienced Employment Law team advises both employers and employees across Plymouth, Devon and the wider South West on workplace disputes, tribunal claims and changing employment legislation.
Call our specialist team today on 01752 203500 or email equiries@GAsolicitors.com. Ranked in The Legal 500, you can be assured you are in the best possible hands.
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