Employment Tribunal time limits from 1 October 2026: what employers need to know

14th Oct 2026

Author: Mohammed Balal

Since 1 October 2026, employees have had longer to bring most Employment Tribunal claims. The usual time limit has increased from three months less one day to six months less one day for relevant events occurring on or after that date.

If you run a business or manage employees, this means a workplace dispute could lead to a claim several months after the original incident. It is a reason to review how you handle complaints and preserve evidence, rather than wait to see whether an employee takes matters further.

Mohammed Balal, a Solicitor in our Employment Team explains what the change means for employers and the practical steps you can take.

What has changed?

The extended period applies to a wide range of employment claims, although the precise rules depend on the nature of the claim. Employers should therefore avoid assuming that every type of claim falls within the same time limit.

There are also transitional arrangements. Claims relating to events occurring before 1 October 2026 may remain subject to the previous three-month time limit. This makes the relevant date particularly important when assessing a potential claim.

Where there has been a series of events, continuing conduct or several separate decisions, specialist advice may be needed to determine which date applies.

Why is this important for employers?

An employee may initially raise a concern informally, submit a grievance, appeal an internal decision or attempt to resolve matters directly with their employer. The fact that the employee does not immediately commence Tribunal proceedings does not necessarily mean that the risk has disappeared.

A complaint that appears relatively minor at the time could develop into a Tribunal claim several months later. By that stage, witnesses may have left, documents may be more difficult to locate and recollections may have faded.

Good employment practices and accurate records will therefore become increasingly important.

How should employers respond?

Review policies and train managers

Employers should review their policies and procedures to ensure that they provide a clear route for employees to raise concerns. Policies should be easy for employees and managers to understand and explain how concerns will be dealt with.

Managers are often the first people to hear an employee’s concerns. They may not recognise that an apparently routine complaint about pay, working hours or treatment by a colleague could involve an employment law issue.

Managers should know when a matter needs to be referred to HR or senior management. Early involvement can help ensure that the matter is handled consistently and that appropriate evidence is preserved.

Deal with grievances promptly

A grievance should not be allowed to drift simply because the employee has not threatened legal action.

Employers should investigate concerns properly, identify the relevant evidence and provide a clear outcome. Where appropriate, the process should include consideration of relevant documents, interviews with appropriate individuals, a written decision and an opportunity to appeal.

A properly managed grievance can sometimes resolve an issue before it becomes a Tribunal dispute. It can also provide an early opportunity to identify whether mistakes have been made and whether corrective action is required.

Keep clear records and preserve evidence

Employers should ensure that important employment decisions are supported by records made at the time.

Depending on the circumstances, relevant records may include correspondence, meeting notes, performance reviews, grievance documents and records explaining management decisions. Records should be factual, accurate and sufficiently detailed to explain what happened and why decisions were made.

Once a dispute becomes reasonably foreseeable, employers should take steps to ensure that potentially relevant information is not inadvertently lost.

Particular care should be taken where an employee leaves the business, relevant managers change roles or systems automatically delete information.

Do internal procedures affect Tribunal deadlines?

An internal grievance or appeal does not, by itself, pause or extend the deadline for bringing a Tribunal claim

Employers should avoid giving assurances that an internal process extends the time limit. Employees should be encouraged to obtain independent advice where appropriate.

Acas early conciliation also remains important. Where it applies, employees generally need to notify Acas before issuing a Tribunal claim. The interaction between early conciliation and the Tribunal time limit can affect the final deadline.

Once contacted by Acas, an employer should ensure that relevant information is preserved and the matter is referred to the appropriate person promptly.

Consider early resolution

Not every workplace dispute needs to end in legal proceedings. Depending on the circumstances, an employer may wish to explore an internal resolution, mediation, Acas early conciliation or a settlement agreement.

Early resolution will not always be appropriate. However, where there is a genuine dispute and a commercial resolution is available, it may be preferable to resolve the matter before costs, management time and uncertainty increase.

How can we help?

Our Employment Team advises employers on Employment Tribunal claims, disciplinary and grievance procedures, dismissals, discrimination and settlement agreements.

We can advise on the risks arising from a potential claim, review HR procedures and documentation and assist with resolving disputes before they develop into legal proceedings.

If you would like advice on how the new Employment Tribunal time limits affect your business, please contact Mohammed Balal in our Employment Team or complete our enquiry form. We will help you understand your options and decide how to proceed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.