Currently, many employment tribunal claims, such as most unfair dismissal, discrimination and working time claims, have a three-month minus 1 day time limit.
Under the Employment Rights Act 2025, this is set to change. From October 2026, the limitation period for a range of employment tribunal claims will be extended from three months to six months.
The aim of this extension is to improve access to justice by giving employees more time to understand their rights, seek advice and consider their options before pursing legal actions. While it provides better flexibility for employees, it also means employers could face potential claims for longer periods after workplace issues happen.
In this blog, we explore what is changing and the steps employers can take now to prepare.
What is Changing and When?
Under the Employment Rights Act 2025, the limitation period for most claims will be extended from three to six months. The extension will apply to a wide range of claims, including those relating to part-time workers and fixed-term employees.
Separate draft provisions will also extend the time limit for breach of contract claims in employment tribunals in both England and Wales.
The new time limits will apply only where the relevant act takes place on or after 1st October 2026. Where a claim is based on a series of events, the final event in that series must take place on or after that date for the extended time period to apply.
What Does This Means for Employers?
These extended time limits mean that claims may be brought significantly later than employers are currently used to. Employees will now have more time to seek advice, gather evidence and decide whether to pursue a claim, meaning potential disputes may remain live for longer.
As a result, employers should review their document retention and record-keeping practices to ensure that relevant evidence can be accessed if a claim is brought several months after the event has taken place. It is also important that workplace issues are addressed promptly and consistently.
Employers should also factor in the longer period of tribunal risk when managing employee relations issues. Early resolution strategies will become increasingly important, as claims that may previously have fallen away after three months could now remain active for considerably longer.
Get Prepared with Premier Legal
With the limits taking effect from 1 October 2026, now is the time for employers to review their HR processes, record-keeping practices and document retention polices. Taking the correct steps now will prepare and protect both your business and your culture for the changes ahead.
As specialist employment law solicitors, Premier Legal is here to support you through these changes and help you navigate them with confidence. If you have any questions, would like to find out more, or wish to discuss how these changes may affect your business, contact our expert team for advice and support.
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Author
sarahrobinson@premier-legal.co.uk
Sarah Robinson is the Managing Partner and has specialised exclusively in employment law since qualifying as a solicitor in 1996.
Sarah has considerable experience of representing clients in many different industry sectors including insurance and financial services, corporate finance, technology, legal services, automotive, hotel and catering and media as well as the public sector.
Areas of particular interest include restrictive covenants, TUPE and advising in relation to discrimination.