Employees now have longer to bring most employment tribunal claims
From 1 October 2026, the normal time limit for bringing most employment tribunal claims has increased from three months to six months. This is a significant change for employees and workers who may be considering bringing a claim against their employer.
When does the new six-month limit apply?
The new six-month time limit generally applies where the event giving rise to the claim occurs onor after 1 October 2026. The relevant date will depend on the type of claim. For example:
- Dismissal: the relevant date will normally be the effective date your employment ended.
- A particular act or omission: the relevant date will generally be the date the act or omission occurred.
- A series of similar acts or omissions: the relevant date will generally be the date of the last act or omission in the series.
The date is important because there are transitional arrangements.
If the dismissal or other event giving rise to your claim occurred fully before 1 October 2026, the previous three-month time limit will generally continue to apply. The introduction of the new rules does not automatically give an additional three months to bring an older claim.
Which employment claims are affected?
Six months will now be the standard time limit for a much wider range of employment tribunal claims, including:
- unfair dismissal;
- discrimination;
- working time claims;
- national minimum wage claims;
- less favourable treatment of part-time workers;
- less favourable treatment of fixed-term employees; and
- breach of contract claims brought in the employment tribunal in England and Wales.
Some types of employment tribunal claim, including equal pay and statutory redundancy payment claims, were already subject to longer time limits.
What about Acas Early Conciliation?
Before bringing most employment tribunal claims, a prospective claimant is required to contact Acas and go through the Early Conciliation process. The extensions introduced from 1 October do not change the existing rules governing how Acas Early Conciliation affects the calculation of tribunal time limits.
Calculating the final deadline can therefore still be complicated. You should not simply assume that you have six months in every case.
Does the change apply throughout Great Britain?
The changes apply broadly in England, Wales and Scotland. There is currently an exception for employment tribunal breach of contract claims in Scotland. The time limit for these claims is expected to increase from 9 November 2026, subject to the relevant legislation coming into force.
What does the change mean for employees?
The extension is significant because employees and workers will generally have twice as long to bring many of the most common types of employment tribunal claim.
The additional time may provide a greater opportunity to:
- obtain advice about your employment rights;
- understand what has happened and consider whether you have a potential claim;
- gather relevant documents and information;
- explore whether the dispute can be resolved without tribunal proceedings;
- engage in Acas Early Conciliation; and
- decide whether you wish to bring a claim.
However, having more time does not mean that it is advisable to delay seeking advice. Employment tribunal limitation rules can be complex and different rules and exceptions can apply depending on the particular claim.
Need advice about an employment tribunal claim or time limits?
Whether you are considering bringing a claim, responding to one, or simply want to understand your rights, our Employment Law team can provide clear, practical guidance tailored to your circumstances. Get in touch with our Employment Law team on 01603 677077 or email info@spiresolicitors.co.uk.
