Employment Tribunal Time Limits Increase to Six Months from 1 October 2026
Quick answer
The government’s implementation timetable says the general Employment Tribunal time limit will increase from three months to six months on 1 October 2026. The Employment Rights Act 2025 contains the enabling changes. Draft 2026 regulations published for parliamentary approval set out detailed amendments and transitional provisions.
This does not mean every employment claim suddenly receives six months, and it does not remove the need to notify ACAS in time. The cause of action, the relevant event date, territorial rules, any continuing act and ACAS Early Conciliation must still be analysed.
What changes on 1 October 2026
Many frequently used Employment Tribunal limits are expressed as three months, usually with practitioners describing the practical deadline as “three months less one day”. The new legislation is designed to change the relevant periods to six months.
The government timetable identifies 1 October 2026 as the general commencement date. It separately identifies 9 November 2026 for breach-of-employment-contract claims in Scotland. The distinction matters for UK-wide employers and advisers dealing with Scottish contract claims.
Which date starts the clock?
That depends on the claim. Examples can include the effective date of termination, the date of an alleged detriment, the date of an unlawful deduction, or the date of the act complained of. Discrimination law can also raise questions about a continuing course of conduct and whether it is just and equitable to extend time.
The date used in an internal grievance, appeal, resignation letter or settlement discussion is not automatically the statutory start date. Internal procedures generally do not stop the Employment Tribunal clock.
ACAS Early Conciliation still matters
Most prospective claimants must notify ACAS before presenting an Employment Tribunal claim. Early Conciliation can extend or modify the presentation deadline through statutory rules, but the calculation can be technical. The six-month reform does not make the ACAS step optional and does not create a safe reason to delay notification.
Keep the ACAS notification date and certificate date. Do not calculate only by adding six calendar months to the workplace event. Where time is close, take urgent advice and work from the earliest defensible deadline.
What the reform does not do
- It does not turn every employment dispute into a six-month claim.
- It does not automatically revive a claim already out of time under the transitional rules.
- It does not replace claim-specific extension tests, such as “not reasonably practicable” or “just and equitable”.
- It does not pause time while an employer investigates a grievance or appeal.
- It does not determine the merits or value of a claim.
Practical steps for employees
- Write down the earliest date on which each alleged act occurred.
- Identify the possible claim types instead of relying on a general description such as “unfair treatment”.
- Preserve the contract, dismissal or grievance correspondence, pay records and relevant messages.
- Notify ACAS early enough to protect the position.
- Seek advice before the earliest possible deadline, especially around the 1 October transition.
Practical steps for employers
A longer presentation period means a business may receive an ACAS notification or claim later than it currently expects. Preserve relevant evidence for longer and avoid deleting emails, messages, rotas, investigation material or decision records while a dispute is foreseeable.
Managers should still escalate grievances, discrimination allegations, whistleblowing concerns, dismissal risks and pay disputes promptly. The reform is not a reason to let internal matters drift. Early factual investigation usually produces better evidence and more settlement options.
Other important dates in the employment-law timetable
From 30 October 2026, the government timetable identifies a duty to take all reasonable steps to prevent sexual harassment and an obligation concerning third-party harassment. From 1 January 2027, it identifies a reduction of the unfair-dismissal qualifying period to six months for dismissals from that date, uncapped compensatory awards and fire-and-rehire protections. These are separate reforms and should not be confused with the Tribunal limitation change.
Examples of transition questions
An employee dismissed on 29 September 2026 and an employee dismissed on 2 October 2026 may not have the same ordinary limitation period, even if both speak to ACAS in October. The draft transitional regulations focus on the relevant date for the claim. Likewise, a series of alleged discriminatory acts spanning the commencement date may require analysis of whether there is one continuing act or several separate acts.
An unlawful-deduction complaint can depend on the date of payment, non-payment or the last deduction in a series. A whistleblowing detriment claim can involve more than one alleged decision. These examples show why the reform cannot safely be applied by changing “3” to “6” in a diary without identifying each legal cause of action.
Extension powers remain separate
Some claims allow an extension where presentation in time was not reasonably practicable. Equality Act claims generally use a just-and-equitable test. Those tests are not automatic safety nets and should not be treated as substitutes for prompt action. Evidence about illness, information, legal advice and the reason for delay may become important if an extension is sought.
Employers responding to a late claim should preserve the chronology before taking a limitation point. A tribunal may need to decide both whether the claim was late and whether an extension should be granted.
Settlement discussions and record retention
A longer limitation period may increase the time during which a dispute can re-emerge. Employers should align retention and legal-hold practices with foreseeable claims. Keep the documents showing the reason for dismissal, decision maker, consultation, warnings, adjustments, equality considerations and appeal outcome.
Without-prejudice or protected-conversation discussions have their own rules and do not themselves determine limitation. A settlement agreement should define the claims being waived and satisfy statutory requirements. Do not assume that an informal payment or verbal understanding closes the risk.
Preparing around the commencement date
Before 1 October 2026, employers should update internal guidance that still states a universal three-month limit. HR teams should use neutral wording that prompts immediate escalation rather than advising an employee that time has definitely expired. Employees and representatives should also avoid relying on a template that assumes six months without checking the relevant date.
The detailed regulations were still in draft form on 7 August 2026. Their parliamentary status and final wording should therefore be checked before anyone relies on them for a specific tribunal deadline.
Employment-law assessment
This paid assessment is for an employee or employer who needs a first legal view on a live deadline, ACAS step or threatened Employment Tribunal claim. Send the key event dates, employment status, the contract, dismissal or grievance documents, ACAS information and the outcome you seek.
We will identify the apparent claim/deadline issues and the next legal step based on the information provided. No outcome is guaranteed. Where a deadline is imminent, say so prominently when contacting us.
Employment Tribunal time-limit FAQs
Does every claim get six months from 1 October 2026?
No. The claim type, relevant date and transitional provisions must be checked.
Do grievances stop the clock?
Usually not. An internal grievance or appeal does not normally pause the statutory time limit.
Is ACAS Early Conciliation still required?
For most claims, yes. It also affects deadline calculation, so keep the notification and certificate dates.
What is different in Scotland?
The government timetable gives 9 November 2026 for the change to breach-of-employment-contract claim limits in Scotland.