From 1 October 2026, one of the most significant procedural reforms affecting employment disputes came into force. For the majority of Employment Tribunal claims, the statutory time limit for bringing a claim increased from three months to six months.
While the change does not create any new employment rights, it gives workers a longer period in which to commence Employment Tribunal proceedings. For employers, this means disputes may remain active for longer and employment records may need to be relied upon many months after an event has occurred.
The change forms part of the wider reforms introduced under the Employment Rights Act 2025 and makes effective record-keeping and consistent HR procedures more important than ever.
What Has Changed?
For most Employment Tribunal claims arising on or after 1 October 2026, the limitation period is now six months less one day, instead of three months less one day.
However, the previous time limits have not disappeared entirely. Transitional provisions mean that where the relevant act, omission, dismissal or other event occurred before 1 October 2026, the former time limits may still apply.
Employers should therefore assess each case based on the relevant legal date rather than the date a concern or grievance was first raised.
Which Employment Tribunal Claims Are Affected?
The Government has confirmed that the reform applies to the majority of Employment Tribunal claims.
Examples include:
- Unfair dismissal;
- Discrimination, harassment and victimisation claims;
- Unlawful deductions from wages;
- Working time and holiday pay claims;
- Whistleblowing claims; and
- Various statutory employment rights claims.
Not all claims follow identical limitation rules. Some claim types already operated under different deadlines and certain exceptions continue to apply.
Does the Six-Month Time Limit Apply to Existing Disputes?
Not automatically. The extended limitation period generally applies where the relevant legal trigger date falls on or after 1 October 2026. Where the relevant date falls before that date, the previous three-month time limit will usually continue to apply. Transitional provisions also address situations involving continuing conduct or a series of acts, where the date of the last relevant act may determine which limitation period applies.
For unfair dismissal claims, the relevant date will ordinarily be the effective date of termination (EDT). For discrimination claims, it may be the date of the most recent act of discrimination relied upon. For wage-related claims, it will normally be the date on which the underpayment occurred.
Accordingly, employers should avoid categorising disputes solely by reference to when an employee first raised a concern or submitted a grievance.
A separate provision applies to breach of contract claims in Scotland, where the six-month limitation period takes effect from 9 November 2026 rather than 1 October 2026
What Is the Impact on Acas Early Conciliation?
The requirement to notify Acas before bringing most Employment Tribunal claims remains unchanged.
Acas Early Conciliation can affect the calculation of the final limitation date because the statutory clock is effectively paused while conciliation takes place. Consequently, the period before an employer receives a Tribunal claim may extend beyond six months.
Employers should therefore treat any Acas notification as a priority matter, preserve relevant evidence, and review the circumstances of the dispute as early as possible.
What Does This Mean for Employers?
The most immediate consequence is a longer period of potential exposure to Employment Tribunal claims.
Where Acas Early Conciliation applies, the period before a claim is received may extend even further.
As a result, robust record-keeping becomes increasingly important. Employers should ensure key documents are accurate, complete and readily accessible, including:
- Employment contracts and contractual changes;
- Disciplinary and grievance records;
- Investigation notes and witness statements;
- Performance management documentation;
- Absence records; and
- Records supporting significant employment decisions.
Document retention procedures should also be reviewed to ensure relevant records are preserved where a dispute is ongoing or reasonably foreseeable.
Why Prompt Action Still Matters
A longer limitation period should not result in slower internal processes.
Grievances, disciplinary matters and workplace complaints should continue to be handled promptly, fairly and in accordance with established procedures. Delays can make it more difficult to establish the facts, gather evidence and obtain reliable witness accounts.
Employers should continue to:
- Investigate concerns without undue delay;
- Keep accurate written records;
- Communicate outcomes clearly;
- Offer appeals where appropriate; and
- Apply policies consistently across the organisation.
Early resolution remains the most effective way to minimise risk and avoid unnecessary disputes.
Practical Steps for Employers
To prepare for the new limitation period, employers should:
Update Internal Guidance
Ensure HR teams and managers understand that most new Employment Tribunal claims are now subject to a six-month limitation period.
Review Record Retention Procedures
Confirm that employment records are retained for an appropriate period and remain accessible if a dispute arises.
Document Decisions Clearly
Maintain written records explaining the rationale for dismissals, disciplinary action, grievances and other significant employment decisions.
Escalate Acas Correspondence Promptly
Implement a clear internal process for dealing with Acas Early Conciliation notifications and other formal correspondence.
Review Workplace Policies
Ensure grievance, disciplinary, absence management and performance procedures remain up to date and are applied consistently.
How The Infinity Group Can Help
Employment law reforms can have a direct impact on workforce management, payroll processes and compliance obligations. Staying informed is essential to reducing risk and maintaining compliant working practices.
The Infinity Group provides regular updates on employment law, payroll and workforce compliance developments, helping businesses understand the practical implications of legislative change.
Alongside our compliance updates, we offer fully compliant umbrella employment solutions that support businesses engaging temporary workers, providing streamlined payroll administration, employment support and ongoing compliance oversight.
To learn more about our umbrella solutions or discuss your workforce requirements, contact The Infinity Group today.