Employment Tribunal Claim Time Limits Are Doubling

The Employment Rights Act 2025 is bringing some of the most significant changes to workplace rights in recent years. One important change that both employers and employees need to be aware of is the extension of the time limits for bringing most Employment Tribunal claims.

From 1 October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months (less one day) to six months. This applies to the vast majority of employment-related claims, including unfair dismissal, discrimination, whistleblowing and unlawful deductions from wages.

For many years, Employment Tribunal claims have had some of the shortest limitation periods in the legal system. Employees who believed they had been treated unlawfully often had to seek advice, engage in ACAS Early Conciliation and prepare their claims within a very short timescale. The Government has concluded that a longer limitation period will improve access to justice and give parties more opportunity to resolve disputes before proceedings become necessary.

What Does This Mean for Employees?

For employees, the change offers greater flexibility and more time to:

• Obtain specialist legal advice.
• Gather evidence and documentation.
• Consider the strengths and weaknesses of a potential claim.
• Participate meaningfully in grievance procedures and ACAS Early Conciliation.
• Explore settlement options without the pressure of an imminent tribunal deadline.

What Does This Mean for Employers?

Whilst the changes may assist dispute resolution, they also create new challenges for employers.

Businesses will face a significantly longer period of uncertainty after a dismissal, grievance or workplace dispute. Instead of knowing that the risk of a claim has largely passed after three months, employers may now need to remain prepared for potential litigation for at least six months.

Employers should consider:

• Reviewing document retention policies.
• Ensuring disciplinary and grievance records are maintained for longer periods.
• Keeping accurate contemporaneous notes of meetings and investigations.
• Training managers on handling workplace issues effectively.
• Seeking legal advice early when disputes arise and when wanting to make dismissals

How We Can Help

Whether you are an employer seeking to protect your business or an employee concerned about your rights, obtaining specialist advice at an early stage is crucial.

Our experienced Employment Law team can assist with:

For Employers

• Employment contracts and policies.
• Managing performance/capability issues and dismissals
• Settlement agreements.
• Defending Employment Tribunal claims.
• Strategic employment law advice and risk management.

For Employees

• Advice on dismissal, redundancy and discrimination.
• Whistleblowing claims.
• Settlement agreements.
• Negotiations with employers.
• Employment Tribunal claims and representation.