The Employment Rights Act 2025 represents one of the most significant developments in employment law in recent years. As its provisions are implemented over the coming years, employers will need to adapt to enhanced workplace protections, new statutory obligations and a changing litigation landscape.
Among these reforms is an important change to the time limits for bringing certain claims before the Employment Tribunal. The extension of these limitation periods is likely to have a considerable practical impact for both employers and employees.
The New Six-Month Time Limit
Prior to 1 October 2026, most Employment Tribunal claims, including unfair dismissal, discrimination, whistleblowing and unlawful deduction from wages claims, were subject to a strict limitation period of three months less one day from the relevant act or omission. Employment Tribunals have applied these deadlines, in the most part, strictly.
For claims arising on or after 1 October 2026, the limitation period for a number of key Employment Tribunal claims has been extended to six months less one day. This change applies to claims including:
- Unfair dismissal;
- Discrimination;
- Whistleblowing detriment and dismissal;
- Unlawful deduction from wages; and
- Various other employment-related complaints.
The reform brings these claims into line with the existing six-month limitation period applicable to statutory redundancy pay and equal pay claims.
The Government’s stated objective is to create a more consistent and accessible tribunal system. The extension is intended to provide greater opportunity for workplace disputes to be resolved through internal procedures, ACAS Early Conciliation and negotiated settlements prior to the Employment Tribunal process commencing. It also attempts to reduce the number of potentially valid claims being dismissed as they are out of time.
When Do the Changes Apply?
The revised time limits apply only to actions or omissions occurring on or after 1 October 2026. For example, where an employee is dismissed on 30 September 2026, the previous limitation period of three months less one day will continue to apply. However, where the dismissal takes place on 1 October 2026 or later, the employee will benefit from the new six-month limitation period.
Continuing Acts
Particular care should be taken in cases involving continuing acts. Where a series of related acts extends beyond 1 October 2026, the limitation period will run from the date of the final act. Where the last act occurs on or after 1 October 2026, the entire claim may benefit from the new six-month limitation period, including earlier incidents forming part of the same continuing act.
Interaction with ACAS Early Conciliation
Before most Employment Tribunal claims can be initiated, claimants are required to engage with ACAS Early Conciliation.
The extension of tribunal limitation periods does not alter the operation of the Early Conciliation. The limitation clock is paused whilst Early Conciliation is ongoing, ensuring that parties are not disadvantaged by attempting to resolve matters through ACAS Early Conciliation. This will not change with the new Employment Tribunal time limits.
Although the time limitation period is now six months less one day, ACAS Early Conciliation allows a claim to be submitted later than six months after the relevant event. Employers should be aware that potential claims may not even be lodged until approximately nine months after the relevant incident.
Breach of Contract Claims in Scotland
An important transitional point remains for Scottish employers and employees.
Although many Employment Tribunal claims moved to the new six-month limitation period from 1 October 2026, the extension for employment-related breach of contract claims in Scotland is not due to take effect until the 9th of November 2026.
While breach of contract claims in England & Wales will generally benefit from the extended six-month time limit, Scottish claims will continue to be subject to the previous three months less one day limitation period until the Scottish provisions come into force.
Practical Considerations for Employers
Retention of Documentation
Employers should review how they retain documentation in light of the extended limitation periods.
It cannot be assumed that the risk of an Employment Tribunal claim has disappeared once three months have passed following a dismissal, disciplinary process or workplace dispute. Records relating to grievances, disciplinary proceedings, investigations, performance management processes and payroll matters should be retained for longer, to ensure employer protection should a claim be made to the Employment Tribunal.
Preserving Evidence
The practical realities of a six-month limitation period should not be discounted.
Witness memories will fade over time. Employers should therefore ensure that relevant evidence is gathered and preserved following any workplace incident, dispute or dismissal. Key documentation, investigation notes, meeting records and witness statements are likely to become increasingly important in defending claims that may not be brought until many months after the underlying events occurred.
Practical Considerations for Employees
The extension of employment tribunal limitation periods provides employees with protections when considering potential claims.
Individuals now have additional time to:
- Obtain legal advice;
- Gather relevant evidence;
- Engage with internal grievance or appeal procedures; and
- Consider settlement options before commencing formal proceedings.
While the extended time limits give employees more flexibility, it is still sensible to take action sooner rather than later. Seeking legal advice at an early stage can help you understand your options, gather and preserve important evidence, and ensure that no deadlines are missed.
Key Takeaways
- From 1 October 2026, the limitation period for many Employment Tribunal claims increases from three months less one day to six months less one day.
- The extension applies to claims including unfair dismissal, discrimination, whistleblowing and unlawful deductions from wages.
- The new time limits only apply to acts occurring on or after 1 October 2026.
- Scottish Employment Tribunal breach of contract claims will remain subject to the previous three-month time limit until 9 November 2026.
- Despite the extension, Employment Tribunal time limits remain strict, and parties should seek advice as early as possible.
