An important employment law change comes into effect this week.
From 1 October 2026, the time limit for bringing the majority of Employment Tribunal claims will increase from three months to six months.
For employers, the practical impact is that workplace disputes may remain capable of becoming Tribunal claims for considerably longer.
It also makes accurate HR records and good management processes increasingly important.
What is changing?
At present, most Employment Tribunal claims must generally be brought within three months minus one day of the relevant event.
From 1 October 2026, this will increase to six months minus one day for most claims where the relevant time limit starts on or after that date.
The change forms part of the Employment Rights Act 2025 reforms.
The Government has confirmed that it will apply to the majority of Employment Tribunal claims, including areas such as unfair dismissal, discrimination and unlawful deductions from wages.
What about existing workplace disputes?
The change does not simply extend every existing Tribunal deadline.
In general, where the event giving rise to the claim happened before 1 October 2026, the existing three-month time limit will continue to apply.
Where the relevant event happens on or after 1 October 2026, the new six-month period will generally apply.
Time limits can be complex, particularly where there is an ongoing series of events, so specific advice may be needed in individual cases.
Acas Early Conciliation will still apply
The process for bringing a Tribunal claim is not otherwise being replaced.
Before bringing most Employment Tribunal claims, an individual will normally still need to notify Acas and go through the Early Conciliation process.
Acas Early Conciliation can affect how the final Tribunal deadline is calculated, so employers should take any Acas notification seriously and seek advice promptly where appropriate.
You can find more information in the Acas guidance on Employment Tribunal time limits.
Why does this matter for employers?
The additional time can make record keeping particularly important.
A workplace issue might arise in October, but a Tribunal claim may not be received until several months later.
By that point:
a manager may have left the business;
memories of conversations may be less reliable;
relevant emails may be harder to find;
documentation may have been archived; or
the employee concerned may have left some time ago.
Employers should therefore be able to understand why an important employment decision was made without relying entirely on somebody's memory.
What records should employers keep?
The appropriate records will depend on the issue, but they may include:
disciplinary meeting notes;
investigation documents;
grievance records;
performance reviews;
probation discussions;
absence-management records;
employee correspondence;
warnings and outcomes; and
records explaining the reasons for important employment decisions.
Records should be accurate, appropriate and stored securely.
Five things employers should consider now
1. Review your HR record keeping
Check where important employment information is stored and whether it would be easy to locate several months later.
2. Record important decisions
Significant disciplinary, grievance, performance and dismissal decisions should have a clear written record.
This does not mean documenting every informal conversation, but important decisions should be capable of being explained later.
3. Deal with concerns promptly
The longer Tribunal time limit should not encourage businesses to delay dealing with workplace issues.
Grievances, performance concerns and complaints should still be addressed promptly and appropriately.
4. Make sure managers understand the process
Managers should know when an employee issue needs to be documented and when HR or legal advice should be obtained.
5. Keep relevant records after employment ends
An employee leaving the business does not necessarily mean that the risk of a claim has ended.
Employers should make sure relevant records are retained in accordance with their data-retention obligations and policies.
Do not confuse this change with the January 2027 unfair dismissal reforms
There are several Employment Rights Act changes taking effect at different times.
The Employment Tribunal time-limit change takes effect on 1 October 2026.
Separately, from 1 January 2027, the qualifying period for ordinary unfair dismissal protection is due to reduce from two years to six months and the statutory cap on compensation for such claims is to be removed meaning that such claims can attract unlimited compensation.
They are different reforms, although both reinforce the importance of good HR processes and accurate record keeping.
This legal update is for general information only and should not be treated as legal advice. Employers should obtain appropriate HR or legal advice when dealing with a specific employment dispute or Tribunal claim.
Join 9,000+ companies who are working smarter than ever before.
I'm ready, let's goSetup is really simple, and only takes a few minutes. You'll be guided through the process, step-by-step — and in no time at all you'll have your first employee added to your account.
If you need any assistance or have any questions, our friendly team will be happy to assist. Our comprehensive Help Centre is available too, with guides to all aspects of the platform.
WorkSmarter is loved by SMEs around the world. We're constantly innovating and releasing new features, with the aim of creating a delightful experience for users. Join thousands of other modern companies using WorkSmarter to grow their businesses.
WorkSmarter provides a wide range of HR tools to help companies grow and manage their staff. Our upgraded plans unlock access to many more HR services, ready to help you grow your business.
Register now, and you'll be up and running in no time.
Just fill out the fields below, and we'll set up your account.