Employment Tribunal Time Limits Increasing to 6 Months from October 2026

Tuesday, 23 June 2026

Most Employment Tribunal time limits in Great Britain will move from 3 months to 6 months for relevant events on or after 1 October 2026.

Core claims already covered by the Employment Rights Act 2025 include unfair dismissal, discrimination, whistleblowing, TUPE and Working Time breaches.

Draft regulations extend the 6-month limit to more areas. The list includes part-time workers, fixed-term employees, information and consultation rights, blacklisting, zero-hours exclusivity clauses, certain NHS recruitment whistleblowing protections, and the right to request time off for study or training.

A separate draft Order extends the time limit for breach of contract claims in the Employment Tribunal (England and Wales).

ACAS Early Conciliation will still pause limitation periods.

Tribunals will retain limited discretion to accept late claims.

Events before 1 October 2026 will generally remain subject to the 3-month limit. For series-based claims, the last event must occur on or after 1 October 2026 for the 6-month limit to apply. For breach of contract claims, the effective date of termination remains the relevant date.

Employers should act now

Update handbooks, dismissal letters, outcome letters and manager guidance to reflect the new 6-month time limits (subject to the ACAS Early Conciliation provisions).

Refresh privacy notices and retention schedules where they refer to litigation time limits.

Extend retention periods for investigation notes, grievance and disciplinary files, timesheets, rotas, holiday records and consultation documents to cover at least 6 months after the relevant event (although retaining records for 12–24 months is common practice).

Ensure metadata and access logs are preserved for remote systems and messaging tools used in HR processes.

HR should train managers and reinforce the prompt and consistent handling of grievances, disciplinary matters and reasonable adjustment requests. Longer time limits mean there is more time for claims to be brought.

For series-of-detriment issues (for example, ongoing discriminatory acts or pay and Working Time disputes), dates and resolutions should be clearly recorded.

HR must become litigation-ready

Update internal litigation hold procedures so they are triggered earlier and remain in place for longer.

Train HR teams and line managers on the new time limits and the ACAS Early Conciliation "stop-the-clock" effect.

Review Employment Tribunal risk provisions and insurance notification procedures to account for claims being brought later.

HR should review risk areas within the business

  • TUPE information and consultation processes and document trails.

  • Working Time compliance (including rest breaks and holiday pay calculation records).

  • Use of exclusivity clauses in zero-hours contracts.

  • Fixed-term and part-time worker parity (including pay and benefits access).

  • NHS recruitment processes involving whistleblowing checks (where applicable).

  • Study and training time-off requests, ensuring clear reasons for decisions are recorded.

Important reference dates for HR practitioners

  • Events before 1 October 2026: usually 3 months (subject to ACAS Early Conciliation and Tribunal discretion).

  • Events on or after 1 October 2026: 6 months for most claims listed above.

  • Series of acts: the last act must occur on or after 1 October 2026 for the 6-month limit to apply.

  • Breach of contract claims in the Employment Tribunal: extended to 6 months via a separate draft Order; the effective date of termination remains the key date.

The proposed extensions remain in draft form and are subject to Parliamentary approval. It is prudent to prepare policy updates and document retention changes now, and to plan to publish updated documentation closer to October 2026.

If you need any further advice and assistance, please do not hesitate to contact the Quest HR Advice Line on 01455 852028.

Contact Us

Looking for Support

Contact Us

Quest Contact Details

Telephone
01455 852 028 – General enquiries

* Please note that all calls may be recorded for training or monitoring purposes.

Email
hello@questcover.com – Sales enquiries