Legal Update

Employment tribunal claim deadlines are doubling

From 1 October 2026, the time employees have to bring most Employment Tribunal claims will increase from three months to six months.

This is another important change being introduced under the Employment Rights Act 2025 and one that SMEs should not overlook.

At the moment, the deadline for most tribunal claims is normally three months, subject to the Acas Early Conciliation process.

From October, that window will effectively double.

For employers, this means a workplace dispute that appears to have gone quiet may remain a potential legal risk for considerably longer.

What this means for employers

The change does not alter how employers should handle grievances, disciplinary matters, dismissals or other workplace disputes.

What it does change is how long businesses may remain exposed to a potential claim afterwards.

Employers should therefore be particularly careful about keeping good records.

If a dispute reaches a tribunal several months after somebody has left the business, managers may be expected to explain decisions and conversations that happened a long time ago.

• Memories fade. Managers leave. Emails get deleted.

• Good documentation becomes increasingly important.

What could employees bring a claim about?

Employment Tribunals deal with a wide range of workplace disputes, including unfair dismissal, discrimination, unlawful deductions from wages and whistleblowing claims.

From October, the general time available to bring claims will increase to six months.

That means businesses should avoid assuming that an issue has disappeared simply because several months have passed.

The question for employers is simple: If an employment decision you make today was challenged six months from now, would your records clearly explain what happened and why?

If the answer is no, there may be unnecessary risk within your HR processes.

What should businesses be reviewing now?

1. Disciplinary records

Keep clear notes of investigations, meetings, evidence, decisions and the reasons for any warnings or dismissal.

2. Grievances

Record concerns properly, investigate them fairly and document both the outcome and any action taken.

3. Management notes

Important employment decisions should not rely on a manager remembering what happened months later.

4. Employee records

Contracts, correspondence, meeting notes, absence information and other relevant documents should be stored securely and be easy to find.

5. Exit documentation

Keep appropriate records when employees resign, are dismissed, made redundant or reach the end of a fixed-term contract.

6. Manager training

Managers should understand that informal conversations can become important evidence later. Encourage them to make appropriate records and seek HR advice before taking significant action.

7. Early intervention

Do not allow workplace problems to drift. Dealing with concerns early can often prevent them from developing into formal disputes.

Acas Early Conciliation still matters

Before bringing most Employment Tribunal claims, an individual will normally need to notify Acas.

The Early Conciliation process gives the parties an opportunity to try to resolve the dispute without going to tribunal, and the usual tribunal time limit is paused while that process takes place.

For employers, this makes it even more important to take an Acas notification seriously and obtain advice quickly.

Why this matters for SMEs

Large organisations may have dedicated HR teams and formal systems for recording every employment decision. SMEs often work differently.

Conversations happen verbally, decisions are made quickly and important information can sit in somebody's inbox or notebook.

That becomes a problem when the business needs to reconstruct what happened six months later.

The longer tribunal window makes consistent HR processes and good record-keeping even more important.

How WorkSmarter can help

WorkSmarter helps you keep employee documents, HR records, meeting notes, policies and supporting information organised securely in one place.

WorkSmarter Shield also gives SMEs practical HR support when workplace issues arise, helping managers follow the correct process, document decisions properly and deal with problems before they escalate.

If you are unsure whether your HR processes and records would stand up to scrutiny, our free HR review can help identify any gaps.

Book your free HR Review with WorkSmarter Shield.

Please note: This legal update is for general information only and should not be treated as legal advice. Employers should take appropriate HR or legal advice before making employment decisions or responding to an Employment Tribunal claim.