01/10/2026
From 1 October 2026, the Employment Rights Act 2025 extends the time limit for bringing most Employment Tribunal claims from three months to six months.
For years, the short three-month window has shaped how employers assess risk after a dismissal, a grievance or a dispute. That window has now doubled.
What has changed?
Employees and workers now have six months from the relevant act or omission, such as a dismissal or an act of discrimination, to bring most tribunal claims. The requirement to go through Acas Early Conciliation before issuing a claim remains in place, as does the pause on time limits where Early Conciliation is ongoing, making the time between the matter complained about and the claim being issued potentially 10 months
What does this mean for employers?
Longer exposure to claims. Potential liability now stays open for twice as long. A matter you considered closed in the spring could still become a claim in the autumn.
Record-keeping matters more than ever. Claims brought later rely on evidence that is older. Memories fade, managers move on and emails get deleted. Clear, contemporaneous records will often decide the outcome.
Procedures need a fresh look. Grievance, disciplinary and appeal processes should be robust, consistent and well documented, because they are more likely than before to be examined months after the event.
Current ET backlog. The Employment Tribunal is already contending with a record backlog of claims. Extending the limitation period is likely to increase the volume of claims entering the system, compounding existing delays. Employers may face prolonged uncertainty, with unresolved disputes remaining live for significantly longer than under the previous regime.
Longer to resolve disputes informally. There is, however, an upside. The extended window gives employers and employees more time to engage in meaningful dialogue, explore mediation, and reach negotiated settlements before formal proceedings are issued. Early and proactive engagement with workplace disputes may now be more achievable, and more worthwhile.
Practical tips to prepare
Review your document retention policies so that key records are kept for long enough.
Train line managers to keep clear, dated notes of meetings and decisions.
Audit your grievance and disciplinary procedures for fairness and consistency.
Revisit settlement strategy, as early resolution may now be even more valuable.
Update risk registers and litigation budgets to reflect the longer claims window.
Keep an eye on the wider reforms under the Act, many of which are still being phased in.
The bottom line
This change does not create new rights, but it changes how employers manage risk. Organisations that invest in good processes and proper documentation now will be in a much stronger position if a claim arrives later.
How is your organisation preparing for the longer time limit?
Have you updated your policies yet?
Staying ahead of the Employment Rights Act 2025
The extension of Employment Tribunal time limits is just one of a number of significant employment law reforms being introduced under the Employment Rights Act 2025. For employers, understanding how these changes interact and planning ahead will be key to managing risk, maintaining compliance and supporting effective employee relations.
To keep up to date with the latest developments, implementation timelines and practical guidance, visit Bevan Brittan's Employment Rights Act 2025 Hub. If you would like tailored advice on preparing your organisation for the changes, our specialist employment law team can provide expert support to help you assess the impact, review policies and procedures, and develop an effective implementation strategy.
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