A significant procedural change takes effect on 1 October 2026, with the time limit for bringing most Employment Tribunal claims increasing from three months to six months. This change forms part of the Government's wider programme of employment law reform and is expected to affect how employers manage workplace disputes and retain employment records.

Historically, employers could take some comfort from knowing that most claims for unfair dismissal, discrimination, unlawful deduction from wages and whistleblowing had to be brought within three months (subject to any Acas early conciliation extension).

The new time limit will apply where the act or event giving rise to the claim occurs on or after 1 October 2026. Where it occurs before that date, the existing three-month time limit will generally continue to apply.

For employers, the longer time limit means that potential claims may arise later than they are accustomed to. It will therefore be particularly important to maintain accurate records of disciplinary, grievance, performance management and dismissal processes for an appropriate period of time.

What this means for employers

• Potential claims may remain "live" for twice as long

• Claimants will have more time to seek advice and commence proceedings

• Workplace disputes may take longer to reach final resolution

• Appropriate record-keeping will become even more important

How to prepare

• Review document retention practices

• Ensure managers keep accurate records of key employment decisions

• Retain investigation, disciplinary and grievance documents in line with document retention policy for an appropriate period

• Consider whether settlement discussions may be appropriate where disputes remain unresolved

Employers should balance the need to preserve relevant evidence against their data protection obligations. Employment records should not be kept indefinitely without justification, so retention periods should be necessary, proportionate and clearly documented.

While the change may appear procedural, it is likely to have a practical impact on the number and complexity of claims employers face. Businesses that maintain clear records and follow fair processes will be better placed to defend claims should they arise months after the employment relationship has ended.

How we can help

Employment Tribunal time limits can be complex and vary depending on the type of claim. If you are faced with any potential or actual dispute or claim, don’t delay in taking advice. Please call our Helpline on 0370 840 0234.

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