From 1 October 2026, the time limit for bringing most Employment Tribunal claims has increased from three months to six months. The change represents a significant extension to the period in which employees can decide whether to pursue legal proceedings and requires employers to reconsider how they manage potential employment claims.
Previously, employers could generally expect most claims to be presented within three months of the relevant act or decision. That is no longer the position for claims arising from acts occurring on or after 1 October 2026.
The new six-month limitation period applies to most relevant Employment Tribunal claims where the act complained of takes place on or after 1 October 2026. The timing of the underlying act is therefore important. For example, an employee dismissed on 25 September 2026 will generally remain subject to the previous three-month time limit, whereas a dismissal taking place on or after 1 October 2026 will fall within the new regime.
Employers should also be aware of claims involving conduct extending over a period. In discrimination and harassment cases, for example, a series of acts may potentially constitute continuing conduct. In those circumstances, the limitation period may run from the end of the relevant period rather than from each individual incident.
There is also a separate position in Scotland concerning breach of contract claims, for which the change takes effect from 9 November 2026.
The extension means that employers may need to keep potential employment disputes under review for considerably longer.
The six-month period should not necessarily be regarded as the point at which all litigation risk expires. Acas Early Conciliation can affect the calculation of the limitation period, and claimants may have additional time following receipt of an Early Conciliation certificate in which to present their claim.
Consequently, a dispute arising from an employee's departure could remain capable of developing into Tribunal proceedings substantially beyond the original six-month period.
Employers should therefore review internal limitation diaries, litigation trackers and any procedures that automatically close potential claims after three months.
The longer limitation period also makes effective document retention particularly important. Employers should consider whether their existing retention policies remain appropriate and ensure that relevant records are retained for a sufficient period. Depending on the circumstances, these may include personnel files, disciplinary and grievance documentation, correspondence, emails, meeting notes, payroll information, working-time records and other evidence relevant to the employment relationship.
Where a dispute has arisen, or there is a reasonable prospect of a claim, employers should take appropriate steps to preserve potentially relevant documents and prevent routine deletion processes from destroying evidence.
Privacy notices and retention policies should also be reviewed to ensure that employees understand how their personal data is retained and used.
The longer period for bringing claims creates an additional evidential challenge. By the time proceedings are issued, witnesses may have left the organisation, recollections may have faded and relevant documents may be more difficult to locate. Employers should therefore ensure that important decisions are properly documented when they are made.
This is particularly important in disciplinary, grievance, capability, redundancy and dismissal processes. Clear records explaining what was considered, what evidence was relied upon and why a particular decision was reached can be valuable if the decision is subsequently challenged.
The extension to the limitation period does not alter the importance of conducting employment processes fairly and consistently. Employers should continue to follow the relevant Acas Code of Practice where applicable. An unreasonable failure to comply with the Code can result in a Tribunal increasing a relevant award by up to 25%.
Dismissal decisions should be supported by clear documentation, including a written explanation of the reason for dismissal. Employers should also ensure that disciplinary and grievance procedures are followed carefully and that employees are given appropriate opportunities to respond.
Good employment practices remain one of the most effective ways of reducing litigation risk. Employers should not assume that a dispute has disappeared simply because an employee does not bring a claim within the first few weeks or months.
Where there is a credible risk of litigation, employers may wish to consider whether early resolution is appropriate. Depending on the circumstances, this could involve negotiating a settlement agreement, under which the employee must receive independent legal advice, or reaching an agreement through Acas using a COT3.
A protected conversation may also provide a mechanism for discussing a potential agreed termination in appropriate circumstances. However, employers should take legal advice before relying on the statutory protections associated with such discussions.
The doubling of the limitation period means that employers should update their approach to employment litigation risk. Businesses should review their internal procedures, document retention arrangements, insurance notification requirements and systems for monitoring potential claims. Employers with Employment Practices Liability Insurance should also check their policy wording carefully, particularly the requirements for notifying insurers of circumstances that may give rise to a future claim.
The extension of Employment Tribunal time limits from three to six months is an important change for employers. Businesses should no longer treat three months as the point at which an employment dispute is necessarily at an end. Instead, employers should ensure that relevant evidence is preserved, employment decisions are properly documented and potential disputes are actively managed.
A proactive approach to employment procedures and early legal advice can help employers understand their potential exposure and respond effectively to claims under the new regime. If you need any further advice and help, please do not hesitate to contact the Quest HR Advice Line on 01455 852 028.
