Employment Tribunal Time Limits Double: What the New Six-Month Claim Period Means for Employers
From 1st October 2026,the primary time to bring a claim in the employment tribunal has doubled, from3 months minus one day to 6 moths minus one day. This means employees will nowhave more time to bring a claim against their employer if they believe theyhave been treated unlawfully by their employer. There are a couple of lines of thought howeverthe main one will be the scope for additional claims to be brought, additionaltime for employees to consider this and then expectations of additionalTribunal time in an already backlogged system.
The Employment Tribunal
Employment tribunals areresponsible for the resolution of legal disputes between workers and employersover workplace rights. Tribunal claims arise when a worker or employee believesthey have been treated unlawfully by an employer or potential employer. Theyact on unfair dismissal, workplace discrimination, breach of contract and othersuch employment claims.
However, it is the case that thetribunal are unprepared at present for the current volume of claims beingbrought, with a number of claims being unviable, and this has led to majordelays in the process which is disadvantageous for both employees, who can waitup to three years for a resolution to their claim, but also employers who havethe issue of handling a tribunal claim for substantive periods of time as well.
There is concern that byincreasing the scope, may lead to further issues arising within the tribunalsystem due to more claims being brought.
The Change
Previously, the law set a stricttime limit of three months minus one day for employees to bring an employmenttribunal claim. This meant that, for example, for an unfair dismissal claim, anemployee could make a claim within three months of their last day of employment,such as when they were dismissed.
However, it was argued that thisthree-month window did not allow either party enough time to resolve initialdisputes and instead pressured employees to act quickly without considering allthe factors in making a tribunal claim. Additionally, both the Woman andEqualities Committee and the Law Commission warned the three-month limitationperiod placed victims of discrimination and harassment, the effects of whichonly become clear over time, at a disadvantage.
The proposal to extend the timelimit for bringing an employment tribunal claim was introduced in theEmployment Rights Act 2025. From 1st October, Section 152 of theEmployment Rights Act 2025 will bring in the new increased limitation periodfor most claims, allowing employees to bring a claim six months minus one dayfrom the relevant date. The new time limit is only applicable to claims forworkplace issues which occur after 1st October, the date the changetook effect.
What Do These Changes Mean forEmployees?
Employees will now have extratime to access advice, gather evidence and assess their options for addressinga claim. This further time grants more time to correspond and seek a resolutionwith an their employer, and to ease the amount of issues in place.
What Do These Changes Mean forEmployers?
The main issue this change bringsfor employers is time and delay. Employers may be unaware that an individual iscontemplating bringing a claim for several months. With the current delays inthe employment tribunal system, it could take three years for a claim to beheard. From a practical perspective, employers are encouraged to retaindocumentation, such as full records documenting HR processes and evidence,which may assist defending a claim for longer periods.
The increasing timescales alsorisk faded memories when it comes to witness statements. Employees who mayassist employers by providing witness statements may retire or move jobs in thetime it takes before a hearing. Therefore, it is important to consider securingnew contact details or drafting witness statements when incidents happen ratherthan waiting until a hearing date.
Employers may find earlierdispute resolution a more favourable option, to avoid having potentiallyserious allegations hanging over them. The benefit of this change is that thisadditional time before an employee is forced to file a claim, with the extraperiod of 3 months. This means more time to engage with the employee and seek away forward; whether investigating and handling the issue, or settling with theemployee and avoiding the need for any action involving the tribunal.
How our lawyers could help
If you are concerned about howthe changes discussed in this article could affect your business, ouremployment lawyers can help you understand the implications and manageworkplace disputes. From reviewing HR processes and preserving relevantevidence to responding to potential tribunal claims and exploring settlementagreements, mediation or other routes to resolution, we can provide practicaladvice tailored to your circumstances. Contact our team to discuss how we canhelp you address these issues and keep your focus on running your business.
