Employment tribunal time limits double on 1 October 2026
From that date, most tribunal claims can be brought within 6 months instead of 3 — doubling how long every dismissal and decision stays open to challenge. Here is what changes and what to do.
What is changing
The Employment Rights Act 2025 (section 152 and Schedule 12) extends the time limit for bringing most employment tribunal claims from 3 months to 6 months. It covers the claims employers worry about most:
- →Unfair dismissal
- →Discrimination
- →Whistleblowing
- →TUPE
- →Working Time Regulations
Ordinary breach-of-contract claims stay at 3 months (in Scotland, the breach-of-contract change applies from 9 November 2026). Separately, the Acas early-conciliation window has already extended to up to 12 weeks from 1 December 2025.
Why it matters to employers
A longer window means every dismissal, grievance and decision you make from 1 October 2026 can be challenged for twice as long. Claims will surface months after the event, when memories have faded and the people involved may have moved on. More time to file also means more claims reach a tribunal.
The practical defence is the same as it has always been — but it matters more now: a fair, documented process you can still evidence six months later.
Important: it is not retroactive
The 6-month limit only applies where the act or dismissal is on or after 1 October 2026. Anyone you dismissed before that date keeps the previous 3-month window — you are not suddenly re-exposed on past decisions.
What to do before 1 October
Fair, consistent, and followed every time — the process is what tribunals judge.
Written reasons, meeting notes, warnings. You may need to evidence a decision six months on.
Most claims trace back to an informal decision made without a record. A short briefing now prevents an expensive claim later.
This is one of several Employment Rights Act 2025 reforms rolling out through 2026–2027. ComplianceAlert flags each one before it lands, in plain English, for your sector.
Common questions
When do employment tribunal time limits change?
From 1 October 2026. The Employment Rights Act 2025 (section 152 and Schedule 12) extends the limit for bringing most tribunal claims from 3 months to 6 months, where the relevant act happens on or after that date.
Which claims are affected?
Most core claims, including unfair dismissal, discrimination, whistleblowing, TUPE and Working Time Regulations claims. Ordinary breach-of-contract claims stay at 3 months (in Scotland the breach-of-contract change applies from 9 November 2026).
Does it apply to people I have already dismissed?
No. It is not retroactive. The 6-month limit only applies where the act or dismissal is on or after 1 October 2026. Anyone dismissed before then keeps the previous 3-month window.
What should employers do before 1 October 2026?
Tighten and document your dismissal and grievance processes, keep records for longer, give written reasons, brief managers, and make sure you are alerted to changes. A longer claim window means decisions can be challenged months later, so the paper trail matters more than ever.
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Start free →This page is general information, not legal advice, and reflects the Employment Rights Act 2025 as understood at the time of writing. Always confirm current requirements with gov.uk, Acas, or a qualified adviser.