Extension of Employment Tribunal Time Limits

From 1 October 2026, the time limit for bringing various employment tribunal claims will increase from three to six months. The change forms part of the government’s wider reforms under the Employment Rights Act (ERA) 2025 and is accompanied by three new draft regulations which broaden the range of claims to which the extended time limit will apply.

What is Changing?

At present, most employment tribunal claims must be issued within three months of the relevant event, such as a dismissal or an alleged detriment. From 1 October 2026, that time limit will increase to six months for the majority of employment claims.

Under the ERA 2025, the extended time limit is already set to apply to core statutory claims including unfair dismissal, discrimination, whistleblowing, TUPE and breaches of the Working Time Regulations.

The recently published draft regulations, subject to Parliamentary approval, confirm that the six‑month time limit will also apply to a number of additional claims, including those concerning part‑time workers, fixed‑term employees, information and consultation rights, blacklisting, exclusivity clauses in zero‑hours contracts, certain whistleblowing protections in NHS recruitment, and the right to request time off for study or training. A separate draft order will also extend the time limit for breach of contract claims brought in the Employment Tribunal in England and Wales.

When Does the New Six‑Month Limit Apply?

The six‑month time limit will only apply where the relevant event took place on or after 1 October 2026. Where a claim is based on a series of events, the last event in that series must fall on or after that date. For breach of contract claims, the relevant date will usually be the effective date of termination. Events that occurred before 1 October 2026 will generally remain subject to the existing three‑month limit.

What is Not Changing?

The usual rules that can extend time limits will still apply, including:

• Acas Early Conciliation, which pauses the limitation period while conciliation takes place.
• The tribunal’s limited discretion to allow claims to proceed out of time in certain circumstances.

Why This Matters for Employers

The extended time limits mean that claims may be brought significantly later than employers are used to. Employees will have more time to seek advice and decide whether to pursue a claim, and employers may need to keep records for longer, even where issues appear to have been resolved. Although the changes do not take effect until October 2026, employers may wish to review record‑keeping practices, ensure issues are dealt with promptly and consistently, and factor the longer period of tribunal risk into HR and wider business planning.

SE Solicitors’ Employment Team can advise employers on the impact of the extended Employment Tribunal time limits and help them understand how the changes may affect their workforce and risk exposure. We can review existing policies and procedures, provide support with record‑keeping and dispute‑management strategies, and offer practical guidance to help minimise the risk of claims arising under the new six‑month regime. Contact our experienced Employment Team here. 

Sources

The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026

The Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026

The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026

The contents of this article are a general guide only at the date of publication. It is not comprehensive, and it does not constitute legal advice. Specific legal advice should be sought in relation to the particular facts of a given situation.