From 1 October 2026, employees and workers will generally have longer to bring an Employment Tribunal claim. Currently, there is a three-month time limit for most employment claims. This will increase to six months. Read on for more information.
What Is Changing?
At present, the time limit for most Employment Tribunal claims is generally three months less one day from the relevant date. For example, an unfair dismissal claim normally has to be brought within three months less one day of the effective date of termination. For discrimination claims, the time limit is generally three months less one day from the last incident or act of discrimination.
From 1 October 2026, that period will generally become six months less one day.
The change will apply to a wide range of claims, including claims concerning:
- unfair dismissal
- discrimination
- unlawful deductions from wages
- breach of employment rights
Be Careful!
The precise time limit can vary depending on the type of claim, so it remains important to identify the particular cause of action, incident(s) or event before calculating the deadline.
The extension does not simply mean that every claim presented after 1 October 2026 will automatically benefit from the longer time limit.
The transitional provisions provide that the extended time limit applies where the act, or failure to act, giving rise to the claim occurs on or after 1 October 2026.
For claims involving a series of acts or failures, such as harassment, the new rules will generally apply where the last act or failure occurs on or after 1 October 2026.
This means that the date of the underlying employment event will be crucial when deciding which time limit applies. We expect many arguments that claims are “out of time” and that the Employment Tribunal has no jurisdiction to hear them.
Dismissal Example
If you were dismissed on 30 September 2026, your time limit would be three months less one day.
If you were dismissed on 1 October 2026, your time limit would be six months less one day.
Discrimination Example
If you suffered harassment over a period of time, with the last act on or before 30 September 2026, your time limit would be three months less one day.
If you suffered harassment over a period of time, with the last act on or after 1 October 2026, your time limit would be six months less one day.
It is important to have clarity about the incidents or events you are relying on and exactly when they happened.
Starting Proceedings
The extension of the Employment Tribunal time limit does not remove the requirement to register your claim for ACAS Early Conciliation. This must still be done within the relevant time limit.
Should You Wait?
Although six months will provide considerably more breathing space than the current three-month period, delaying a claim can still create unnecessary risks.
Evidence may become harder to obtain as time passes. Witness recollections can fade, documents may become more difficult to locate, and workplace relationships may change.
There may also be strategic advantages in raising a dispute earlier, particularly where the parties may be able to resolve matters through negotiation or ACAS Early Conciliation.
Employment Tribunal backlogs are well known. In summary, the quicker your claim enters the Employment Tribunal system, the quicker it is likely to progress.
Lincs Law Employment Solicitors Can Help
If you are considering a claim at the Employment Tribunal and unsure about your time limits, contact us for a free enquiry call on 01522 440512 or email on contactus@lincslaw.com We will be happy to help.
Sally Hubbard
Lincs Law Employment Solicitors
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