From 1 October 2026 - Tribunal Time Limits Extended for New Claims

Currently, employees and workers generally have three months (less one day) from the relevant event or act complained of to bring a claim to the Employment Tribunal. From 1 October 2026, this time limit will be extended to six months for most statutory employment claims across the UK.

The significant change will only apply where the relevant date falls on or after 1 October 2026. In most cases, the relevant date will be the date of the act, conduct or omission complained of or, for a series of acts or omissions, the date of the last act or omission in the series of acts.

The significance of new time limits

The reform represents a major extension of employment tribunal limitation periods. We can expect:

• a longer period of potential exposure to employment tribunal claims for employers;

• lengthier document retention considerations;

• more time for employees/claimants to consider and prepare claims;

• an increase in claims being brought outside the traditional (current) three-month window; and

• delayed uncertainty for employers following any disciplinary action, grievances, redundancy and (importantly) dismissal.

What does this mean for the Tribunals and ACAS?

The extension is likely to place additional pressures on an employment tribunal system that is already experiencing significant backlogs.

With more time available to claimants, tribunals may see an increase in the volume of claims being submitted. Matters may also become more complex where evidence is being considered several months after the events in question occurred.

As a result, the importance of effective workplace procedures and solid internal processes is likely to increase. The earlier the issues are identified and addressed internally, the greater the prospect of resolving disputes before they reach the litigation stage.

However, the current ACAS Early Conciliation process provides limited time for meaningful negotiations before limitation periods expire. A longer overall timeframe may provide ACAS conciliators with greater opportunity to facilitate productive discussions between parties.

This could have the benefit of increasing the likelihood of disputes being resolved through settlement before formal tribunal proceedings are issued, benefitting both employers and employees. Ultimately, more effective conciliation may help alleviate some of the pressure on the employment tribunal service.

What does this mean for employers in reality?

For employers, the practical reality is that claims that may previously have been considered time-barred could now be brought many months later.

It is also important to remember that the six-month limitation period does not operate in isolation. The ACAS Early Conciliation process effectively pauses the limitation clock (and therefore the deadline for lodging claims), meaning that in practice many claimants will have longer than six months to commence proceedings.

Depending on the circumstances and the timing of ACAS Early Conciliation, prospective claimants may have up to nine months, and in some cases even longer, before a claim is formally lodged. Consequently, employers could find themselves responding to tribunal proceedings close to a year after the original workplace issue or dismissal occurred.

For this reason, employers should:

• ensure disciplinary, grievance and capability procedures are fully documented and kept up-to-date;

• ensure compliance with the ACAS Codes of Practice;

• retain relevant documents, investigation notes, witness statements and correspondence for an appropriate period;

• keep detailed records of employee meetings and management decisions;

• address performance, conduct and attendance concerns, promptly and consistently; and

• follow up agreed actions without unnecessary delay.

If you would like any further information on this article or would like to discuss your employment law and HR matters, please don’t hesitate to contact hello@alphr.uk and we will be delighted to help you.