Quick answer: From 1 October 2026, the Employment Tribunal limitation period for most claims doubles from 3 months to 6 months under the Employment Rights Act 2025. This gives employees longer to bring claims and employers a wider window to defend or settle them. Existing exemptions and ACAS early conciliation rules still apply and the new limit only applies where the events complained of take place on or after 1 October 2026. Whether you run a business or work for one, it matters.
In this post, you will learn what a limitation period is, what is changing, which exemptions still apply, how ACAS early conciliation fits in and the practical consequences to both employers and employees.
What is a limitation period?
A limitation period is a statutory time limit within which an individual must bring their claim before a court or Employment Tribunal. Put simply, it is the deadline for starting legal action. In the Employment Tribunal, most claims currently have a limit of 3 months less one day from the act complained of.
Miss it, and the consequences are serious. The individual usually loses the right to bring a claim altogether, unless a specific exemption applies.
These deadlines exist to bring certainty and finality to disputes. Evidence fades, memories blur and witnesses move on. For this reason, Tribunals enforce limitation periods strictly, so responding quickly has always been essential.
The big change: 3 months to 6 months
Under the Employment Rights Act 2025, the time limit to bring most employment claims increases from 3 months to 6 months, taking effect on 1 October 2026. In practice, this means 6 months less one day for the affected claims.
The extension applies broadly, covering most claims an employee might bring, including unfair dismissal, discrimination and claims for unpaid wages. A limited number of claim types follow a slightly different timetable, so if you are unsure whether a particular claim is covered, it is worth taking advice rather than assuming the 6 months applies.
Importantly, the longer limit only applies where the relevant act or failure to act (or the last in a series of such acts) takes place on or after 1 October 2026. Where the events complained of occurred entirely before that date, the existing 3-month limit continues to apply. This transitional rule matters in practice because, for many months after October 2026, both time limits will be in play, depending on when the underlying events happened.
What exemptions to the limitation period still apply?
Even with the extension, exemptions to the deadline still exist and remain relevant after 1 October 2026. Two are especially important:
- Unfair dismissal claims: the Tribunal may allow a late claim where it was not reasonably practicable to bring it in time.
- Discrimination claims: the Tribunal may extend the period where it considers it to be “just and equitable” to do so.
Other exemptions may apply, but none should be treated as a failsafe. The threshold is high and a claimant will need a strong, legitimate reason for missing the deadline. Relying on an exemption is very much a gamble, not a strategy.
How does ACAS early conciliation fit in?
The 1 October changes do not affect how ACAS early conciliation “stops the clock” for limitation purposes. The mechanism stays the same, although the early conciliation period itself was extended to up to 12 weeks for notifications made to ACAS on or after 1 December 2025.
By way of a very broad summary, here is how it works in practice:
- A set of facts giving rise to a claim occurs.
- The employee needs to begin ACAS early conciliation, which can take up to 12 weeks, within the limitation period.
- During conciliation, the limitation clock pauses.
- Once conciliation ends without agreement, the limitation period resumes.
Early conciliation is a compulsory first step before most claims can be issued.
What does the change mean for employers?
For employers, the extended time limit brings both drawbacks and opportunities.
The challenges:
- Greater uncertainty, because the window for potential claims to surface extends from 3 to 6 months.
- Impacts for data and evidence retention. Key witnesses’ memories can fade and it will be important to ensure that employers have their evidence recorded early to defend a claim properly.
The upside:
- The extra time to try to settle claims before they enter the costly and time-consuming Tribunal system may be welcome by some employers. A longer runway can mean more disputes resolved quietly and more cheaply, particularly as emotions tend to run high within the immediate months of an event.
- It can also provide more time to amass funds for a potential settlement if the company is struggling financially around the immediate time of the dispute.
What does the change mean for employees?
Employees also face a mix of advantages and trade-offs.
The advantages:
- A longer period to gather evidence and take advice before bringing a case.
- More time to resolve matters before issuing formal proceedings, which can be expensive, time consuming and stressful for claimants.
- A 3-month window may be considered by some to be short, particularly as events may be taking place during what is often the most stressful point in someone’s working life. This can trigger mental health concerns and time can pass quickly, before a person has had a realistic chance to take advice, gather evidence or attempt to resolve matters. A 6-month limit gives claimants more time for understanding their position before taking the crucial and psychologically demanding step of commencing litigation.
The challenges:
- Resolution may be delayed as employers may choose to string things out, knowing that there is more time and suspecting that the claimant may ultimately not want to litigate.
- Time can affect the reliability of evidence, as memories and documents age.
There is a potential wider benefit too. Supporters of the new regime hope that, with more time available, more disputes will settle during early conciliation, easing pressure on a Tribunal system that is dealing with a significant backlog.
Bringing a claim: what you need to know
What are the first steps to take before making an Employment Tribunal claim?
Before issuing a claim, you must go through ACAS early conciliation. This is a mandatory step for most claim types and gives both sides a chance to settle without litigation. Only once conciliation ends can you present your claim to the Tribunal.
Gathering your evidence early (emails, contracts, meeting attendance notes and a clear timeline of events) puts you in the strongest position.
How long does an Employment Tribunal take?
Realistically, at present it can take many months and often longer than a year for a claim to reach a final hearing. The current backlog in the Tribunal system means delays are unfortunately common. The precise timeline depends on the case’s complexity and the region where it is heard.
Understanding the changes and getting advice
If you have questions about how these changes affect you or your business, professional advice makes all the difference. Jones Chase is a specialist employment law firm based in London with an excellent track record of looking after clients, both employers and employees. Our employment lawyers can help you understand your position and act with confidence. Contact Jones Chase employment lawyers to discuss your situation.
Frequently asked questions
What is an Employment Tribunal?
An Employment Tribunal is a specialist judicial body that hears disputes between employers and employees. It operates independently of the ordinary courts and focuses solely on workplace matters.
The Tribunal handles a broad range of disputes, including claims for:
- Unfair dismissal
- Discrimination (based on age, sex, race, disability, religion and other protected characteristics)
- Unpaid wages
- Redundancy pay disputes
- Breach of contract
Are Employment Tribunals public?
Yes. As a general rule, Employment Tribunal hearings are held in public and anyone can attend. Most judgments are also published online and can be searched by name. There are limited exceptions, for example where sensitive personal information or national security is involved, but openness is the default position.
When does the new Employment Tribunal limitation period take effect?
The change takes effect on 1 October 2026. From that date, most Employment Tribunal claims must be brought within 6 months less 1 day rather than 3 months, provided the events complained of take place on or after 1 October 2026. Claims based on earlier events remain subject to the 3-month limit.
Does the extension apply to all types of claim?
It applies to most employment claims, including unfair dismissal, discrimination and unpaid wages. A small number of claim types follow a different timetable, so it is best to confirm the position for your specific claim.
Can I still bring a claim after the limitation period expires?
Yes, but in limited circumstances. For unfair dismissal, the Tribunal may allow a late claim where it was not reasonably practicable to bring it in time. For discrimination, it may extend the deadline where it is “just and equitable” to do so. These exemptions have a high threshold and should never be relied upon in advance.
Does ACAS early conciliation change under the new rules?
The “stop the clock” mechanism is unchanged: ACAS early conciliation still pauses the limitation period and is still a compulsory step before most claims can be issued. The conciliation period itself can now last up to 12 weeks for notifications made on or after 1 December 2025.
Why is the Employment Tribunal limitation period being extended?
The main aim is to improve access to justice by giving people more opportunity to understand their rights, seek advice and try to resolve disputes before litigating. It may also encourage more settlements during early conciliation.
Who can I contact for advice on Employment Tribunal claims?
Jones Chase, a specialist employment law firm in London, advises both employers and employees on Employment Tribunal claims. We have a very high success rate for those that we represent.