Employment Tribunal Time Limits Are Now Six Months
The Employment Rights Act 2025 extended the time limit for bringing most employment tribunal claims from three months to six months. The change took effect on 1 October 2026.
A longer claim window is a quiet but significant change. It affects how long you keep records and how carefully managers document their decisions.
This guide explains what has changed, how the transition works, and what it means for your documentation.
What Has Changed
Most employment tribunal claims used to have to be brought within three months less one day of the act complained of. The Act doubles that window to six months for the large majority of claims, including unfair dismissal, discrimination and unlawful deductions from wages.
The GOV.UK timeline confirms the change took effect on 1 October 2026. The six-month limit applies where the act complained of happened on or after that date; for a series of acts, it applies where the last act was on or after 1 October 2026. Earlier acts keep the old three-month limit.
Breach of Contract Claims
Breach of contract and wrongful dismissal claims sit under a separate order. In England and Wales that order was also changed, so these claims have six months where the employment ended on or after 1 October 2026.
In Scotland the equivalent change applies from 9 November 2026. The safe working assumption is that almost every claim now carries a six-month tail.
Why a Longer Window Matters
A six-month limit means a claim can land up to twice as long after the event. Memories fade, people leave, and the contemporaneous record becomes the evidence that decides the case.
The employers who manage this well are the ones whose managers write things down at the time, and whose records are kept long enough to answer a late claim.
What to Keep and for How Long
- Manager notes of conversations, decisions and the reasons behind them.
- Disciplinary and grievance paperwork, including investigation notes and outcomes.
- Recruitment and promotion records that show how decisions were made.
- Records of any harassment or discrimination complaint and the steps taken in response.
- Pay, working time and right to work records, as already required.
Six-Month Limit at a Glance
| Point | Detail |
|---|---|
| New limit | Six months for most claims, up from three |
| In force | 1 October 2026, for acts on or after that date |
| Breach of contract | Six months where employment ended on or after 1 October 2026 (Scotland from 9 November 2026) |
| Main impact | Longer record retention and better manager note-keeping |
How Policy Pros Can Help
We update your disciplinary, grievance and data retention documentation so the records that decide a late claim are still there when you need them. Our policy document reviewing service checks your existing procedures against the longer window.
See the October 2026 checklist for the other autumn changes, and our HR policies and procedures service for the documents behind it. The official position is in the GOV.UK timeline and the Acas Employment Rights Act 2025 hub.
Frequently Asked Questions
When did the new tribunal time limits start?
On 1 October 2026. Most claims can now be brought within six months of the act complained of, where that act happened on or after 1 October 2026. Claims about earlier acts keep the three-month limit.
Which claims get the six-month time limit?
The large majority of employment tribunal claims, including unfair dismissal, discrimination and unlawful deductions from wages. Breach of contract claims also moved to six months in England and Wales where employment ended on or after 1 October 2026.
Do breach of contract claims change?
Yes. A separate order extended breach of contract and wrongful dismissal claims to six months in England and Wales, where the employment ended on or after 1 October 2026. In Scotland the change applies from 9 November 2026.
What records should we keep for longer?
Manager notes, disciplinary and grievance paperwork, investigation records, recruitment and promotion decisions, and any record of a harassment or discrimination complaint. A six-month window means these need to survive long enough to answer a late claim.
Does the longer time limit apply to small employers?
Yes. The change applies regardless of employer size. A small employer faces the same extended claim window, which makes consistent record-keeping just as important for a small team as for a large one.
