Employment Tribunal Time Limits
Employment Tribunal Time Limits
Why Are They Increasing from Three to Six Months?
From 1 October 2026, one of the most significant changes introduced by the Employment Rights Act 2025 will take effect. Employment tribunal time limits for most claims will increase from three months to six months.
The change, introduced by Section 152 and Schedule 12 of the Employment Rights Act 2025, is designed to give employees more time to consider their options, seek advice, and resolve disputes before starting formal tribunal proceedings.
Employment tribunal time limits for most workplace claims will double from three months to six months.
The new six-month period will apply to claims brought under major pieces of employment legislation, including:
- Employment Rights Act 1996
- Equality Act 2010
- National Minimum Wage Act 1998
- Trade Union and Labour Relations (Consolidation) Act 1992
It will also apply to claims under regulations such as:
- Working Time Regulations 1998
- Agency Workers Regulations 2010
- Transfer of Undertakings (Protection of Employment) Regulations 2006
Although some claims were initially excluded, including breach of contract, part-time worker and fixed-term employee claims, subsequent regulations have ensured these claims will also benefit from the extended limitation period from 1 October 2026.
Which Additional Claims Will Benefit from the New Employment Tribunal Time Limits?
The Government introduced further regulations to extend employment tribunal time limits to a wider range of claims, including those under:
- Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
- Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002
- Information and Consultation of Employees Regulations 2004
- Employment Relations Act 1999 (Blacklists) Regulations 2010
- Exclusivity Terms in Zero Hours Contracts Regulations
- NHS Recruitment Protected Disclosure Regulations 2018
- Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
- Employee Study and Training (Procedural Requirements) Regulations 2010
As a result, the Government’s intention that most employment claims should be subject to consistent employment tribunal time limits will largely be achieved.
What Will Longer Employment Tribunal Time Limits Mean for Employees and Employers?
For employees, the extension provides additional time to:
- Obtain legal advice
- Gather evidence
- Participate in settlement discussions
- Consider whether tribunal proceedings are necessary
For employers, the changes may create a longer period of uncertainty following workplace disputes. Claims may be brought several months after the events in question, making it more difficult to preserve evidence and obtain reliable witness evidence.
Given existing tribunal backlogs, longer employment tribunal time limits may also contribute to delays before cases reach a final hearing.
Do the Acas Early Conciliation Rules Change?
No. The existing Acas Early Conciliation process remains unchanged.
The rules that pause limitation periods during Early Conciliation will continue to operate as they do now. Employment tribunals will also retain their existing discretion to extend time limits where appropriate.
When Do the New Employment Tribunal Time Limits Apply?
The new six-month period applies only where the relevant act, omission, conduct, or infringement occurs on or after 1 October 2026.
For most claims, the relevant date is:
- The date of the act or omission complained about; or
- The date of the final act in a continuing course of conduct.
What Are the Transitional Arrangements?
Claims based entirely on events that occurred before 1 October 2026 will remain subject to the previous three-month limitation period.
For breach of contract claims, the relevant date will usually be:
- The employee’s effective date of termination (EDT); or
- Where there is no EDT, the final day worked.
This means employers and employees must carefully consider when the relevant event occurred to determine which limitation period applies.
What Is the Key Takeaway on Employment Tribunal Time Limits?
From 1 October 2026, employment tribunal time limits for most claims will increase from three months to six months. The reform gives employees more time to assess their position and seek advice, while employers may need to retain records for longer and prepare for the possibility of delayed claims.
The most important point to remember is that the applicable time limit will depend on when the underlying act, omission, or infringement occurred, not when the tribunal claim is submitted.
Whether you are an employer preparing for these changes or an employee considering a claim, understanding the new employment tribunal time limits will be essential. Reviewing record-keeping practices, internal procedures, and dispute resolution processes now can help minimise risk and ensure compliance with the new rules.
If you would like advice on how these changes may affect your organisation, or assistance with an employment tribunal matter, our Employment law team is here to help. Get in touch today to discuss your situation and prepare for the upcoming changes using the following details:
Kerseys Solicitors in Ipswich at [email protected] or telephone 01473 213311 or
Kerseys Solicitors in Felixstowe at [email protected] on 01394 834557 or
Kerseys Solicitors in Woodbridge at [email protected] on 01394 813732 or
Kerseys Solicitors in Colchester at [email protected] on 01206 584584 or
Kerseys Solicitors in Stowmarket at [email protected] on 01449 613631 or
visit our website and click “Call Me Back” where a member of our employment law team will be happy to contact you at a time that is convenient to you.
