The time limit for bringing most Employment Tribunal claims increased from three months (less one day) to six months (less one day) on 1 October 2026.
The new time limit applies to acts which occurred on or after 1 October 2026. Where the claimant successfully argues that there has been a continuing course of conduct, the date of the last act in the series of acts will determine which limitation period applies. The extension doesn’t impact stopping the clock for ACAS early conciliation.
An exception to the increased time limit is breach of contract claims in Scotland which will remain subject to the three-month time limit until 9 November 2026.
As a result of this change, employees will now have double the amount of time to realise they have a claim, take advice and pursue the claim.
For employers, the increased time limit is a significant change. Potential claims may be presented much longer after the relevant events occurred, increasing uncertainty and the period during which employers remain exposed to litigation risk.
The change could encourage informal resolution of disputes by providing additional time to engage in discussions and consider settlement agreements, before proceedings need to be raised.
Tribunals will still have the same discretion to extend a time limit where, depending on the type of claim, it was “not reasonably practicable” for the claim to be raised on time or where it is deemed “just and equitable”.
The extended time limit is also likely to result in an increase in the volume of claims and add to the existing backlog.
What steps should employers take?
- Review retention policies and make sure that records are kept long enough for the extended period of risk, keeping in mind data protection obligations.
- It’s essential that evidence is preserved and accurate records are kept. Keeping records has always been important, but as time passes memories fade, so it is increasingly important that employers have records to look back on. Relevant emails and contemporaneous notes should be collated as soon as a dispute arises. Employers should make sure that records are not misplaced or deleted.
- Witnesses should be spoken to at the time of the incident to avoid recollections fading and while events are still fresh in their mind, as final hearings may be set for some time after the acts occurred. There is also a risk that witnesses could move on to new employment making them difficult to track down.
- Consider if a settlement agreement may be appropriate where employees are leaving due to a dispute. Settlement agreements provide certainty and a conclusion to any disputes.
- Problems which arise should be investigated and dealt with at an early stage. Informal resolution should be considered to reduce the risk of disputes escalating to tribunal proceedings.
While the extended time limit may provide employers additional time to consider informal resolution of any disputes, it creates a much longer period of uncertainty around potential litigation. It is now much more important that employers ensure they preserve evidence and keep good records.
How we can help
If you would like to discuss any of this information further, please contact Kirsty Ross or another of our Employment Law experts.