Employment Tribunal Time Limits Double to Six Months: What Employers Need to Know

From 1 October 2026, the time limit for bringing Employment Tribunal claims has increased. This is a significant change for both employers and the Employment Tribunal system in general.

The change, introduced as part of the Employment Rights Act reforms, promised in the Labour Government’s manifesto, means employees will generally have an extended period to start Early Conciliation and bring their claim. This is in addition to the recent increase in the ACAS Early Conciliation period from six weeks to 12 weeks because of the excessive demand on the service.

Historically, Employment Tribunal limitation periods were some of the shortest limitation periods available because many claims turn on witness recollection of workplace conversations. The longer the gap between an incident and a hearing, the greater the risk that memories fade and evidence becomes less reliable. There is now an ever-increasing need for clear and accurate records, effective workplace investigations, and careful management of employee relations.

For HR professionals and employers, the change has important practical implications.

What has changed?

Until now, most Employment Tribunal claims had to be brought within three months less one day of the act complained of, subject to any extension for ACAS Early Conciliation.

From 1 October 2026, the standard limitation period for most Employment Tribunal claims has doubled to six months.

The new rules generally apply where the relevant dismissal, act or omission occurs on or after 1 October 2026. Claims arising entirely before that date will likely remain subject to the previous three-month limitation period.

A practical example

To put this into perspective, let us use an example of an employee who alleges harassment took place on 2 January and wants to bring a claim. If they begin Early Conciliation on the day before the primary limitation period expires, limitation is paused until that process has completed. If conciliation continues for the maximum amount of time, the employee is then given one month from the end of the conciliation process to bring a claim.

Prior to these changes, the maximum limitation period available to the employee was in the middle of June. Their maximum limitation period now takes that all the way to late October, which is a significant increase overall. To give you an idea – how well do you think you would be able to recall a conversation with a colleague that took place in March?

Why does this matter for employers?

This extension is likely to have two broad impacts: The first is that claims which would previously be out of time may now remain live for longer. This is likely to increase the number of claims which can be brought against employers.

The second is that, with the increase to claims, comes a further increase to the Tribunal’s caseload. We are already seeing claims for unfair dismissal take four to five years to be listed for a hearing. This change is only likely to worsen this issue without further reform to the Tribunal system. Most people are simply not going to be able to recall accurately a comment they are alleged to have made or the context in which they made it five years or more after the incident. This is also assuming that employees are still available to act as witnesses at all.

What should HR teams be doing now?

Rather than viewing this solely as a procedural change, employers should consider whether existing HR processes remain fit for purpose considering the extended risk period.

Review document retention and record keeping

Where claims can be brought over six months after the event and heard by a tribunal years later, the importance of maintaining thorough and accurate records increases significantly.

Employers should ensure information and documentation relating to disciplinary proceedings, grievances, performance concerns, sickness absence, investigations and dismissals are retained and can be easily accessed if challenged many months later.

A well-documented decision-making process is often one of the strongest defences in Employment Tribunal proceedings. Justifying a decision after the fact is unlikely to be sustainable.

Strengthen workplace investigations

Ensuring investigations are completed thoroughly and contemporaneous witness evidence is obtained at an early stage will become even more important where a claim may not materialise until several months later.

Where an employee has been involved in a workplace investigation or may be an important witness in future proceedings, employers should consider retaining contact details for as long as legally permissible and in accordance with their data retention policies.

Review settlement strategies

With employees now having a longer opportunity to commence proceedings, employers may wish to reconsider their approach to settlement discussions, particularly in higher-risk disputes.

Employers may also wish to consider whether settlement agreements with departing employees include appropriate provisions requiring reasonable cooperation in future legal proceedings.

Train managers on documentation

Line managers are often key witnesses in Employment Tribunal litigation. Managers should be reminded of the importance of maintaining records in a manner that they can be easily accessed in the future and are presentable in front of a Tribunal, as well as documenting key conversations and preserving relevant evidence. The quality of a manager's notes can become crucial when defending claims heard years later.

Prepare for longer running disputes

Although the change does not alter Employment Tribunal procedures themselves, it may extend the period during which organisations remain exposed to potential litigation. HR and People teams should factor this into workforce planning, budgeting, and risk management processes.

Key takeaways for employers

The extension of Employment Tribunal time limits forms part of the overall set of changes promised in the employment sphere. While it may appear to be a relatively straightforward procedural amendment, the practical impact on employers could be substantial.

HR and People teams should use this opportunity to review practices, investigation procedures, and litigation readiness. The ability to defend workplace decisions is likely to become even more dependent on the quality of contemporaneous evidence moving forward.

The key message for employers is relatively straightforward: decisions that may once have been scrutinised within three months could now be challenged six months later, and potentially litigated years after that. If documentation, investigations and records are not robust at the time decisions are made, employers may find defending those decisions considerably more difficult in the future.

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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.