Employment Tribunal Time Limits Double on 1 October 2026: What Every UK Employer Must Do Now

From 1 October 2026, the time limit for employees to bring most Employment Tribunal claims doubles — from three months to six months. If you dismiss a member of staff today, they now have until April 2027 to file a claim against you. With 537,000 cases already open in the Tribunal system and 70,000 new single claims filed in Q2 2026 alone, the window of legal exposure facing UK employers has never been longer. If your HR records, disciplinary documentation, and retention policies are built around the old three-month limit, you need to act before 1 October 2026.

This guide explains what changes, which claims are affected, what the doubled time limit means in practice for UK businesses, and the practical steps every employer must take now.

What Changes on 1 October 2026?

The Employment Rights Act 2025 doubles the primary time limit for the majority of Employment Tribunal claim types:

• Current limit: Three months (less one day) from the act or event complained of
• From 1 October 2026: Six months (less one day) from the act or event complained of

This applies to the most common and costly claim types, including:

• Unfair dismissal
• Wrongful dismissal
• Discrimination (all nine protected characteristics)
• Harassment and victimisation
• Whistleblowing detriment claims
• Unlawful deduction from wages
• Failure to provide written particulars of employment
• Holiday pay disputes
• Redundancy payment disputes
• Claims under the Working Time Regulations

The doubled limit applies to any act or event occurring on or after 1 October 2026. Dismissals, disciplinary actions, and pay disputes from that date onwards carry a six-month window. The practical implication: from 1 October, every HR decision you make could still generate a claim landing on your desk in spring 2027.

Why the Change — and Why It Changes Your Risk

The government's stated rationale is that three months is too short for many workers to seek legal advice, find representation, and file a claim — particularly those dealing with the immediate financial and emotional consequences of dismissal or workplace treatment. Research during the Employment Rights Bill consultation found that meritorious claims were being struck out on time-limit grounds, not lack of merit.

For employers, the practical effect is unambiguous: the period during which a former employee, worker, or complainant can file a claim against you is doubled. And with the Employment Tribunal already operating under record strain — 537,000 cases open, 70,000 new single claims per quarter — the extended window will bring into scope claims that previously would have lapsed through inertia, lack of access to solicitors, or simple time pressure on the claimant.

The Unfair Dismissal Cascade: Three Laws Compounding

The time limit change does not exist in isolation. It compounds with two other changes from 2026 to create a significantly higher liability environment for UK employers:

1. Six-month qualifying period (in force since 1 July 2026)

Every worker hired on or after 1 July 2026 accrues unfair dismissal rights after six months — not two years. Any summer hire you made this year has UD rights from January 2027. Dismiss that worker in January and they now have until July 2027 to file a claim.

2. Unfair dismissal compensation uncapped (from 1 January 2027)

Section 124 of the Employment Rights Act 1996 is repealed. From 1 January 2027, unfair dismissal awards are uncapped. A £60,000 earner dismissed without a fair process could theoretically recover a year's salary or more — with no ceiling. Combined with a six-month claim window, the cost of a poorly managed dismissal is materially higher than at any point in recent history.

3. Time limit doubles (1 October 2026)

The six-month window means the tail of potential claims extends significantly. Document retention policies built around "keep for 12 months after dismissal" are no longer adequate.

Which Sectors Are Most Exposed?

The doubled time limit affects every UK employer, but some sectors carry greater practical exposure:

Hospitality

High staff turnover, seasonal hiring, variable hours contracts, and frequent informal dismissals create a significant documentation risk. Managers in hospitality who rely on verbal conversations and informal notes will find themselves exposed when a claim arrives six months after a dismissal they can barely recall.

Retail

Large headcounts of zero-hours and part-time workers, combined with frequent short-notice dismissals and the new third-party harassment liability (also from 1 October 2026), make retail one of the highest-exposure sectors for ET claims.

Healthcare and social care

The Adult Social Care Negotiating Body begins from October 2026, alongside trade union access rights and the third-party harassment obligation. Disciplinary processes in care settings are frequently challenged — and documentation standards in small care providers are often inadequate.

Construction

Subcontractor and labour-only arrangements, combined with frequent redundancies on project completion, generate consistent ET activity. Day-one unfair dismissal rights and a six-month window mean that project-end workforce reductions need the same procedural rigour as any other dismissal.

Record-Keeping: What You Must Have Ready

The following records must be retained for at least two years from the relevant event. For dismissed or former staff, three years is recommended from 1 October 2026:

Core employment records

• Written statements of particulars (contracts) and all amendments
• Payslips and wage calculation records
• Holiday records and pay calculations
• Sickness absence records, including fit notes and any occupational health referrals

Disciplinary and grievance records

• Investigation reports and witness interview notes
• All invitation letters (with dates sent and delivery method)
• Hearing notes — contemporaneous, signed by the note-taker at the time
• Decision letters with the stated reason, penalty, and right of appeal
• Appeal records, outcome letters, and all correspondence during the process

Redundancy records

• Selection pool documentation and the selection criteria matrix with scores
• Consultation records: dates, content discussed, and employee responses
• Evidence that alternatives to redundancy were considered and assessed
• Statutory redundancy calculation and payment confirmation

Performance management records

• Performance review notes and appraisal documentation
• Improvement plan targets, review dates, and outcomes
• All correspondence about performance concerns during a capability process

The Documentation Standard That Will Protect You

Employment Tribunals assess unfair dismissal claims against two questions: did the employer have a fair reason to dismiss, and did they follow a fair procedure? Six months after the event, the only reliable account of what happened is the contemporaneous documentation. Memories fade. Witnesses leave. The hearing notes from a disciplinary meeting held in October 2026 may be the only evidence a Tribunal sees when the claim arrives in March 2027.

The non-negotiable documentation standards from 1 October 2026:

1. Every hearing must have written notes. Signed off at the time of the meeting, not reconstructed afterwards. Both the employer's and employee's contributions recorded.
2. Every decision letter must state the reason. Not "we have decided to dismiss you" but "we have decided to dismiss you for the following reason, which we consider to be a substantial reason capable of justifying dismissal under section 98 ERA 1996."
3. Every invitation must be in writing with the date recorded. Email is sufficient; verbal invitations that are not followed up in writing are a liability.
4. Every appeal must be heard by a different manager. The ACAS Code requires this. Tribunals take procedural fairness seriously — a flawed appeal compounds the original risk.
5. All documentation must be stored centrally. In a system you can still access six months later, with timestamps showing when each document was created.

How ComplianceAlert Helps With Employment Tribunal Risk

ComplianceAlert's Evidence Vault is built for exactly this situation. Every disciplinary process, grievance investigation, and performance review that you action through the platform generates a timestamped, complete audit trail — stored centrally, accessible when a claim arrives months later.

The Action Centre includes pre-built templates for disciplinary procedures, redundancy processes, and grievance handling — based on ACAS best practice and updated for the Employment Rights Act 2025. Each template creates a checklist that ensures nothing is missed, and every completed step is logged automatically.

Ask Alice, ComplianceAlert's AI compliance assistant: "What documentation do I need for a dismissal under the new six-month time limit?" — and she gives you a specific answer based on your sector and circumstances, not a generic legal overview.

For the complete audit-ready package, the Inspection Pack (available on Pro) lets you export your full documentation in a single click: the checklist, evidence files, correspondence record, and audit trail — ready to hand to your solicitor if a claim arrives.

Start free at compliancealert.co.uk — no card required

Before 1 October 2026: Your Action Checklist

1. Audit your current record-keeping. Can you locate the complete documentation for every disciplinary, redundancy, or grievance process in the past 12 months? If records are incomplete, address the gaps now.
2. Update your retention policy. Employment records for former staff should be retained for a minimum of two years; three years for anyone dismissed in contentious circumstances.
3. Train your managers on documentation standards. Every hearing needs written notes signed at the time. Every decision letter must state the reason. Every invitation must be in writing. This is what the Tribunal will ask for.
4. Review your disciplinary and grievance procedure. Ensure it reflects the current ACAS Code of Practice and is updated for ERA 2025 obligations — including the new third-party harassment duty (also from 1 October 2026).
5. Set a documentation standard for all future HR actions. Every disciplinary action, performance conversation, and dismissal from 1 October should generate a complete, contemporaneous paper trail stored in one place.

TL;DR: Key Facts

• Employment Tribunal time limits double on 1 October 2026: three months becomes six months for most claim types
• Applies to acts occurring on or after 1 October 2026
• Affects unfair dismissal, discrimination, harassment, holiday pay, wage deductions, and more
• 537,000 cases currently open in the Employment Tribunal — record levels
• 70,000 new single claims in Q2 2026 — a 28% year-on-year increase
• HR documentation must now be retained for at least two years, ideally three for dismissed staff
• Unfair dismissal compensation is uncapped from January 2027 — a poorly documented dismissal can now cost far more than the previous statutory cap
• Any worker hired from 1 July 2026 has UD rights from 1 January 2027 — and now has six months after dismissal to file

FAQ: Employment Tribunal Time Limit Changes 2026

Does the six-month time limit apply to claims about events before 1 October 2026?

No. The six-month limit applies to acts or events occurring on or after 1 October 2026. Events before that date remain subject to the three-month limit.

Does this apply to all Employment Tribunal claim types?

The doubled limit applies to most common claim types, including unfair dismissal, discrimination, and wage claims. Some specialist claims that already have longer limitation periods (such as equal pay claims) are unaffected. Check the specific limitation period for any unusual claim type with your employment solicitor.

Does ACAS early conciliation affect the time limit?

Yes. ACAS early conciliation remains mandatory before filing an ET claim, and the time limit is extended by the duration of the conciliation period. The six-month primary limit is the base from which any conciliation extension is calculated.

What records do I need to keep to defend a Tribunal claim?

The complete contemporaneous record of any disciplinary, grievance, redundancy, or dismissal process: invitation letters with dates, hearing notes signed at the time, decision letters with reasons stated, appeal records, and all relevant correspondence. For discrimination claims, retain any records showing the context of management decisions made during the relevant period.

When do I need to have documentation updated by?

Before 1 October 2026. Any HR action taken on or after that date should be documented to the new standard — six months of potential exposure means no shortcuts.

---

Need professional help reviewing your HR documentation standards or disciplinary procedures? Find a verified employment law specialist at compliancemarket.co.uk/employment-lawyers.