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Employment Tribunals – deadline to make a claim extended

Employment Tribunals – deadline to make a claim extended

Employees who feel they have been unfairly dismissed or treated now have more time – up from three months to six months – to bring an employment tribunal claim.

As a result, the government hopes more matters will be settled internally avoiding the need to take disputes to a tribunal at all.

The changes, which come into force under the Employment Rights Act 2025, apply from the start of October this year (2026).

In what circumstances will the new six-month limit apply?

To qualify, the ‘relevant date’ – the date the problem at work happened or the effective date of termination in dismissal claims – must fall on or after 1 October 2026.

If the problem or dismissal happened before 1 October 2026, the former three-month limit (minus a day) continues to apply.

Which employment claims does the six-month limit cover?

The new six-month (minus a day) rule extends the time limit for unfair dismissal, discrimination and harassment, unlawful deduction from wages, whistleblowing and detriment complaints, statutory redundancy pay and equal pay (which already have a six-month limit in place) and breach of contract claims where dismissal occurs on or after 1st October 2026.

What does this change mean for employees?

In short, it means you have twice as long to file a claim giving you more time to:

  • Gather evidence.
  • Consult a solicitor or take union advice.
  • Allow internal processes like disciplinary hearings and settlement negotiations to take place without worrying you’ll miss a statutory tribunal deadline.
  • Contact the Advisory, Conciliation and Arbitration Service (Acas). In December 2025, the early conciliation period – which pauses the clock on the time limit to make a claim – was increased from six to 12 weeks which also helps take time pressures off claimants.

What does this change mean for employers?

When it comes to dismissals and workplace disputes, the extension to time limits means it may be considerably longer before an employer knows whether an employee is going to pursue a claim or not.

This can extend the uncertainty and will be exacerbated by the increase in the Acas conciliation period combined with the current tribunal delays. In short, it could be years before a hearing takes place,

It also heightens the need to ensure records are kept long enough to deal with a potential claim, that documentary evidence supporting dismissal decisions is preserved and that management training covers aspects like the importance of recording the rationale for decisions at the time they were made.

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Wards Solicitors wins high praise in the 2026 edition of the independent Legal 500 guide of outstanding legal professionals for its exceptional professional service standards and high levels of technical expertise.

Our team of specialist employment lawyers represent both businesses and individuals and bring a wealth of expertise to employment tribunal law.

Please contact any member of the team for further information.

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