Significant Change to Employment Tribunal Time Limits

This change concerns the time limit for presenting a claim. It should not be confused with a separate reform, reducing the qualifying period for ordinary unfair dismissal from two years to six months’ service, which is due to take effect on 1 January 2027.

Which time limit applies?

For events occurring before 1 October 2026, the usual time limit for most claims remains three months less one day from the relevant date.

For events occurring on or after 1 October 2026, the usual time limit for most claims is six months less one day from the relevant date.

These are general rules. There are limited circumstances in which tribunals may extend time.

When does time start to run?

Time usually starts from the date of the act complained of. The starting point varies by claim type, and the details can be important.

Dismissal and the effective date of termination
Time generally runs from the effective date of termination. This may be:

• The last day of employment where employment ends without notice.
• The date the notice period expires where lawful notice is given and worked.
• The date the dismissal takes effect where payment in lieu of notice is made and employment ends immediately.

Where notice is given but not clear, or a termination is later withdrawn or altered, the effective date may shift.

Unlawful deductions and underpayments
Time usually runs from the date of the deduction or underpayment. Where there is a series of deductions, time normally runs from the last deduction in the series.

Discrimination
Time generally runs from the date of the discriminatory act complained of. Where there is an ongoing situation or a continuing course of conduct, time typically runs from the date of the last act in the series.

Key exceptions and caveats

• Some claims follow different limitation rules, including statutory redundancy pay, equal pay, certain trade union-related claims, and certain claims connected with service in the armed forces.
• Employment Tribunals can extend time limits in limited circumstances for some claims. The tests for extension differ by claim type and are applied cautiously.
• Early conciliation with ACAS pauses time for most claims while conciliation is ongoing and resumes or resets according to prescribed rules.

Practical implications for employers

Separately, and with effect from 1 December 2025, the maximum ACAS early conciliation period increased from six to twelve weeks. This is a distinct change and did not form part of the 1 October 2026 reforms. Combined with the six‑month limitation period for events on or after 1 October 2026, employers may not receive an ET1 for many months after an incident. In practice, this could be up to around nine months from the event, depending on when early conciliation is started and how long it runs.

This extension increases uncertainty and litigation risk. Memories fade, staff move on, and documents can become harder to locate. Delay can complicate internal investigations, response drafting, and settlement assessments.

Practical tips for employers

Employers can mitigate risk by tightening process and evidence management from the outset.

1. Record‑keeping and evidence preservation:

Create and maintain clear, dated records of key decisions and events, including dismissal communications, performance management steps, pay calculations, and grievance outcomes.

Preserve relevant emails, messages, and system logs promptly.

2. Witness notes:

Take contemporaneous notes of meetings and material conversations. Where feasible, have notes agreed and signed off.

Keep contact details for potential witnesses and update them during handovers.

3. HR and payroll systems:

Ensure systems accurately capture effective dates of termination, notice arrangements, payment in lieu, pay dates, and deductions.

Align contractual templates and termination letters so the effective date of termination is clear.

4. ACAS notifications:

Monitor ACAS early conciliation notifications promptly, diarise all linked dates, and maintain a central register to track potential claims and time limits as they evolve during conciliation.

5. Settlement and without prejudice strategy:

Consider early resolution where appropriate.

Use without prejudice and protected conversations appropriately, with clear documentation of offers, rationales, and any agreed terms.

6. Training and consistency:

Train managers on the importance of accurate dating, careful communications about termination and pay, and timely escalation to HR when issues arise.

Conclusion

Time limits remain an issue in Employment Tribunal litigation. The shift to six months less one day for most claims arising on or after 1 October 2026, together with a longer ACAS early conciliation window, means claims may surface much later. Proactive record‑keeping, disciplined processes, and early engagement can materially improve an employer’s position if a claim is brought.