Employers will need to prepare for a longer period of uncertainty following workplace disputes, with a significant extension to Employment Tribunal time limits taking effect from 1 October 2026.
The Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026 (SI 2026/954) bring into force provisions of the Employment Rights Act 2025 from 1 October 2026. These provisions extend the time limit for bringing most employment tribunal claims from three months to six months.
The change is intended to give workers and employers more time to resolve disputes internally, engage in Acas Early Conciliation, and consider the merits of potential claims before proceedings are commenced. It aligns the limitation period for most employment tribunal claims with the existing six-month period that already applies to certain claims, including statutory redundancy pay and equal pay claims.
What is changing?
For employers, the key consequence is that employment disputes may remain live for a significantly longer period.
Dismissal, discrimination and unlawful deduction from wages claims, along with many other tribunal claims, may now be brought up to six months after the relevant event, subject to the detailed statutory provisions and Acas Early Conciliation.
The transitional provisions are important. In general, the new six-month limit applies only where the relevant act, omission or termination occurs on or after 1 October 2026. Claims arising from events before that date will usually continue to be subject to the previous three-month limit.
What should employers do?
Employers should review grievance, disciplinary and dismissal procedures, ensure key documents and witness evidence are retained for longer, and recognise that the potential risk period following employment decisions has effectively doubled.
The extension may create greater opportunities for resolution through workplace procedures and Acas conciliation. However, it also means that tribunal claims may arise considerably later than many employers have previously experienced.
