Employment Tribunal Time Limits: What’s Changing in October 2026?
From 1 October 2026, the time limit for most employment tribunal claims will increase from three months to six months. But the change doesn't apply to every claim or every existing dispute, so it's important to understand when the new rules apply.
What is changing?
At present, many employment tribunal claims must be started within a relatively short three-month period. That can leave employees trying to obtain advice, understand what happened and decide whether to pursue a claim while the events are still unfolding.
The Employment Rights Act 2025 changes that position across a substantial range of claims. Subject to some transitional and extension provisions, the ordinary limitation period will become six months for certain types of claims arising on or after 1 October 2026. The types of claims affected include claims concerning:
- written statements of employment particulars;
- unlawful deductions from wages;
- information relating to tips;
- statutory detriment protections;
- certain time-off rights;
- flexible working;
- unfair dismissal;
- certain claims connected with an employer’s insolvency;
- relevant TUPE claims; and
- certain working-time claims relating to merchant shipping and fishing vessels.
Does the new deadline apply to existing disputes?
Not automatically.
The transitional rules focus on the “relevant date” for the claim. The amendments do not apply where that date falls before 1 October 2026. Depending on the type of claim, the relevant date may be the act, conduct or failure complained of, or the final event in a series of similar acts or failures.
In practical terms:
- if the relevant event occurs before 1 October 2026, the previous limitation regime will generally continue to apply;
- if it occurs on or after 1 October 2026, the new six-month period will generally apply to a covered claim; and
- where conduct spans the commencement date, the facts and the statutory definition of the relevant date will need careful consideration.
What does this mean for employees?
This change will give workers more breathing room. In many cases, they will have additional time to take advice, gather documents, explore an internal grievance and consider whether litigation is the right course.
What does this mean for employers?
For employers, the most obvious consequence is a longer period of potential exposure. A dispute that previously appeared unlikely to result in a claim after three months may remain live for up to six months.
This makes record management more important. Employers should review whether relevant emails, messages, meeting notes, investigation papers, performance records and witness evidence are being preserved for long enough. Managers may also need to be reminded that an issue is not necessarily over simply because several months have passed.
However, the extended period may also give the parties more opportunity to resolve disputes internally. Equally, it could mean that grievances and tribunal proceedings overlap for longer. Employers should therefore continue dealing with internal complaints promptly rather than treating the extended claim period as extra time for the organisation to respond.
If you would like to discuss your workplace policies, disciplinary or grievance procedures, or any other employment law matter, our team at Vine Law would be happy to help. You can call us on 01945 898090 or 01353 240079 or email at This email address is being protected from spambots. You need JavaScript enabled to view it.
