Employment Tribunal Time Limits Extending to Six Months
The Employment Rights Act 2025 extends the time limit for bringing most employment tribunal claims from three months to six months. The change is expected no earlier than October 2026, so the exact date is not yet fixed.
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 is changing, the one exception to watch, and what it means for your documentation.
What Is Changing
Most employment tribunal claims currently 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 lists this as taking effect no earlier than October 2026. Treat it as expected rather than confirmed, and check the position before you rely on it.
The Breach of Contract Exception
Breach of contract claims brought in the employment tribunal are dealt with under separate regulations. These are expected to stay at the three-month limit, so not every claim moves to six months.
Where a dispute could be framed as either type of claim, the different time limits matter. The safe working assumption is that most claims now carry 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 |
| Status | Expected no earlier than October 2026 |
| Exception | Breach of contract claims expected to stay at three months |
| 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 wider wave, 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 do the new tribunal time limits start?
The Employment Rights Act 2025 extends most tribunal time limits from three months to six, but the GOV.UK timeline puts this at no earlier than October 2026. The exact commencement date is not yet fixed, so treat it as expected rather than confirmed.
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 are the main exception and are expected to stay at three months under separate regulations.
Do breach of contract claims change?
No. Breach of contract claims in the employment tribunal are governed by separate regulations and are expected to remain at the three-month limit, even as most other claims move to six months.
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.
