Employment Tribunal claims: what the new six-month limit means

One of the most significant changes introduced by the Employment Rights Act 2025 has taken effect slightly ahead of the other reforms coming this October.

From 1 October 2026, the primary time limit for employment tribunal claims has increased from three to six months, giving employees considerably more time to consider whether to take action and begin Acas Early Conciliation.

What difference will it make?

The practical impact goes beyond simply changing the date on the limitation calculator.

Employers may find that disputes remain “live” for longer. An employee who might previously have needed to act relatively quickly will now have several months before starting Early Conciliation.

This increases the risk of memories fading and evidence disappearing. Managers may leave, emails and other records may be deleted under normal retention processes, and witnesses may struggle to recall precisely what happened months earlier.

It may also make data subject access requests more useful to potential claimants. With more time before the limitation period expires, employees will have greater opportunity to use a DSAR to obtain documents before deciding whether to pursue proceedings.

Preparing for the longer time limit

The change does not require a new policy, but it should prompt employers to review how potential claims are managed.

Where litigation is realistically anticipated, consider creating a case file at an early stage, preserving relevant documents and obtaining accounts from key witnesses while events are still fresh. If an important witness is due to leave the organisation, it may also be sensible to speak to them before they go.

Document retention periods should also be reviewed to ensure relevant material is retained for the longer limitation period, including any extension associated with Acas Early Conciliation.

Here to help

Our Employment team can help employers respond to the extended tribunal time limits, review document retention arrangements and preserve evidence when litigation is anticipated. If you would like advice on managing a potential claim or the impact of the new limitation period, please contact Miranda Mulligan, Senior Solicitor in Employment Law.

Please note, the contents of this article are provided for information only and must not be relied upon.