In our latest blog exploring the changes introduced by the Employment Rights Act 2025 (“ERA 2025”), we will consider the change to the Employment Tribunal (“ET”) time limits which will be implemented on 1 October 2026.
This change forms part of the ongoing implementation of the ERA 2025 reforms and is expected to have a significant impact on employees and employers alike.
This blog will explore the law at present, the change that is being introduced, and the effect that this change is likely to have on employees and employers.
Current Employment Tribunal time limits
At present, most claims in the ET must be presented within three months less one day of the act, detriment or termination complained of. This applies to the vast majority of employment rights claims, including unfair dismissal and discrimination claims.
What is changing?
From 1 October 2026, the limitation period to bring most claims in the ET will increase from three months less one day to six months less one day.
This includes claims for damages for a breach of a contract of employment, less favourable treatment of part-time workers/fixed term workers and breaches of the Information and Consultation of Employees Regulations.
It should be noted that the new limitation period will only apply where the relevant act, detriment or termination takes place on or after 1 October 2026. Claims based on cause of action arising before 1 October 2026 will remain subject to the three-month time limit.
This change is further to the extension to the ACAS early conciliation period from six weeks to twelve weeks which was introduced on 1 December 2025.
Why has a change been introduced?
Although the statutory time limit is paused during ACAS Early Conciliation (“EC”), this three-month window has long been criticised for being too short.
Employees are required to act quickly if they want to pursue their claim in the ET, and avoid their claim being struck out on a technicality. Given the emotional background to many employment claims, and the need to gather evidence and obtain suitable legal advice, it can often be difficult for employees to make sure that their claims are submitted in time.
What is likely impact of this change?
From an employee perspective, the extension of this time limit, coupled with the extension to the ACAS early conciliation period, gives employees more breathing space to bring a claim. It also addresses the long-standing concern by trade unions that shorter time limits encourage employers to display delaying tactics and forces employees to submit claims defensively in order to stop time from running out.
From an employer perspective, the reforms will significantly extend the time period during which employment disputes remain live and the period in which they are at risk of a claim being brought.
Both parties should note that there is already a backlog at the ET, and the extended time limit and ability for more people to bring claims means that final hearings are likely to be further delayed.
What can employers do to prepare for these changes?
Employers should review their document retention practices, record-keeping processes and internal investigation procedures to ensure that evidence remains available for longer periods of time.
They should also reconsider the importance of early resolution strategies, as claims that may have previously fallen away after three months may now remain active for much longer.
For expert advice on an employment law matter, email partner and head of employment Nick Smith on nsmith@mincoffs.co.uk or call the office on 0191 281 6151 to speak to a member of the team.
