Employment Tribunal Time Limits 2026 — Extended to 6 Months

Before October 2026, the limitation period for most employment tribunal claims was 3 months from the act complained of (or the last act in a series). For unfair dismissal, this meant 3 months from the effective date of termination. For discrimination, it was 3 months from the discriminatory act (or the last act in a continuing course of conduct). For unlawful deductions from wages, it was 3 months from each deduction.

The 3-month limit was frequently described as a trap for employees — particularly those who took time to seek legal advice, recover emotionally, or understand their rights. The Government consulted on extending it as part of the Employment Rights Bill.

From October 2026, the standard limitation period for most employment tribunal claims doubles to 6 months. The change applies to:

• Unfair dismissal claims
• Discrimination claims under the Equality Act 2010
• Unlawful deduction from wages claims
• Wrongful dismissal claims (where brought in the Employment Tribunal rather than the civil courts)
• Most other statutory employment claims

Some specific claim types have historically had different limitation periods. Equal pay claims, for example, have a 6-year limit in the civil courts and an existing 6-month limit at tribunal from the end of employment — those specific rules may be adjusted by secondary legislation, but the default position for most claims is the shift to 6 months.

Before lodging a claim at the Employment Tribunal, a claimant must first contact ACAS and go through the early conciliation process. This requirement has not changed. The early conciliation period (up to 6 weeks) stops the limitation clock from running during that time.

In practical terms, this means the full window from dismissal or discriminatory act to tribunal submission could be:

As an employer, this is your window of uncertainty. A claimant who hasn't contacted you since their dismissal can still submit a valid claim up to approximately 7.5 months later.

The extended time limit has several practical implications:

• Longer records retention. If a claim can arrive 6 months after an incident, you need your records to be available and accurate 6 months later. Disciplinary records, payslips, rota records, correspondence, and grievance documentation should all be kept for at least 12 months after the relevant event (and longer for discrimination claims given the longer periods that can apply).
• Witness availability. The manager who handled a dismissal may have left your business by the time a claim arrives. Think about whether key events are documented well enough to be understood and defended without the original decision-maker being available.
• Settlement windows. Settlements arranged shortly after dismissal (often in the first 4–8 weeks) are already a common feature of employment disputes. The extended time limit slightly changes the calculus — an employee who receives a low settlement offer in month 1 now has more time to reconsider and file a claim instead.
• Increased volume of claims. The Government's own impact assessment acknowledged that extending the time limit is likely to increase the number of claims reaching the tribunal. Employers should factor in a higher statistical likelihood of claims across the workforce.

1. Note the response deadline immediately. The ET3 response form (your formal response to the claim) must be submitted within 28 days of receiving the claim. Missing this deadline means a default judgment can be entered against you without a hearing.
2. Engage with ACAS early conciliation if offered. ACAS may contact you to attempt conciliation before the hearing. This is an opportunity to resolve the matter at lower cost than a contested hearing. Even if you believe the claim is without merit, the cost of conciliation is usually far lower than the cost of a full tribunal hearing.
3. Gather your documents promptly. Pull together the relevant records — employment contract, correspondence, disciplinary/grievance records, payslips, and any notes made at the time of the incident. Do this even before taking legal advice, because lawyers need documents to advise you.
4. Get legal advice. Employment tribunal claims, even apparently straightforward ones, have enough procedural complexity that legal advice is worth seeking. Many employment solicitors offer fixed-fee responses or initial consultations.
5. Check your employers' liability insurance. Many business insurance policies include employment tribunal cover. Check the policy before incurring legal costs from your own pocket.

The single most effective protection against employment tribunal claims is following good practice at the point decisions are made — not six months later when you're trying to reconstruct what happened. This means:

• Following the ACAS Code of Practice on Disciplinary and Grievance Procedures for any disciplinary action
• Documenting meetings, decisions, and reasons in writing at the time
• Treating all employees consistently — inconsistency is often the most damaging element of a respondent's case
• Taking legal advice before dismissal in ambiguous cases, not after

Use our Compliance Checklist to audit your current processes against the new rules.

Sources: Employment Rights Act 2025 (tribunal time limit provisions). Employment Tribunals Act 1996 (as amended). ACAS: Early conciliation — how it works. GOV.UK: Make a claim to an Employment Tribunal. GOV.UK: Respond to a claim to an Employment Tribunal.
Last updated: April 2026. Also see: Employment Rights Act 2025 — full summary.