Employment Tribunal Time Limits Double: What Employers Need to Know

What has changed?

From 1 October 2026, the time limit for bringing most Employment Tribunal claims has increased from three months to six months. The change, introduced by the Employment Rights Act 2025, applies to events occurring on or after 1 October 2026 and affects a wide range of claims, including unfair dismissal, discrimination, unlawful deductions from wages, working time and TUPE claims. Equal pay and statutory redundancy payment claims remain subject to their existing six-month time limits.

The practical consequence of this change is that employers may have to wait longer before knowing whether an employee intends to pursue Tribunal proceedings. Claims that might previously have been time-barred may now remain viable for a further three months, meaning employers will need to retain evidence and remain prepared for potential litigation over a longer period.

Why does it matter?

Employers may see an increase in the number of claims being issued. Under the previous regime, some potential claims fell away simply because employees missed the strict three-month deadline. With a six-month limitation period, fewer employees are likely to be time-barred from pursuing a claim.

Employees will also have more time to seek legal advice, gather evidence and consider their position before commencing proceedings. This may result in claims being more thoroughly prepared from the outset.

In addition to this, employers may not become aware of a claim until many months after the relevant events occurred, particularly where the Acas Early Conciliation process extends the effective limitation period. By that stage, key individuals may have left the business, memories may have faded and important documents may be harder to locate.

What should employers do now?

Employers should ensure that records relating to workplace issues are retained for longer and that managers are encouraged to make clear, contemporaneous notes of important meetings, conversations and decisions. This is particularly important where there has been, or may be, a dismissal, disciplinary process, grievance, discrimination complaint or other workplace dispute that could potentially give rise to an Employment Tribunal claim.

Employment Tribunal cases are often determined by the quality of the evidence available. Where there is a dispute about what was said or why a particular decision was taken, the Tribunal will frequently have to assess witness evidence alongside the documentary record. If a claim is not received until many months after the events in question, recollections may have faded and individuals may struggle to remember the detail of what occurred.

Accurate records made at the time can therefore be invaluable. They help witnesses provide reliable witness statements, support the employer’s account of events and can significantly strengthen the employer’s position in defending a claim. Conversely, where there is little or no contemporaneous documentation, employers may find it more difficult to challenge an employee’s version of events.

For that reason, employers should review their document retention practices and ensure that relevant emails, notes, investigation records, disciplinary documents, grievance paperwork and other potentially relevant evidence are preserved where there is a possibility of a future Tribunal claim.

Key takeaway

The extension of Employment Tribunal limitation periods from three months to six months means employers will need to think about workplace disputes over a longer timeframe. Potential claims may now arise many months after the underlying events, making accurate record keeping and evidence preservation more important than ever. Employers can protect themselves by ensuring that key documents are retained and that managers create clear contemporaneous records which can later be relied upon when preparing witness statements and defending claims.

For more information about these changes, or for advice on any employment law issue, please contact the Employment Team at Glaisyers.