From 1 October 2026, the time limit for bringing most employment tribunal claims in Great Britain doubles from three months to six months. It is one of the quieter provisions of the Employment Rights Act 2025, no new rights are created, yet practitioners on both sides regard it as one of the most consequential, because it changes the tempo of every dispute, every exit and every settlement negotiation that follows a dismissal.
Key facts at a glance
- Time limits for most tribunal claims, including unfair dismissal and discrimination, extend from three months to six months from 1 October 2026.
- Equivalent changes for breach of contract claims in Scotland follow on 9 November 2026.
- Acas early conciliation remains a mandatory first step and continues to pause the clock.
- Combined with unfair dismissal protection after six months from January 2027, the window of post-termination risk for employers roughly doubles.
Why three months was always contentious
The three-month limit dated from an era when tribunals were envisaged as quick, informal forums. In practice, a dismissed employee had to absorb the shock of losing their job, seek advice, attempt Acas early conciliation and lodge a claim, all within thirteen weeks, often while job-hunting or unwell. Claimant representatives long argued that meritorious claims died on the deadline; the extension to six months brings employment claims closer to other civil limitation periods, while remaining short by general litigation standards.
What it means for employees
Time pressure has historically been the employer's friend in settlement talks: an offer made in week ten of a three-month window carried an implicit ultimatum. From October 2026 you have breathing room, to take proper advice, to attempt conciliation genuinely, and to evaluate a settlement agreement on its merits rather than against a ticking clock. Two cautions, though. First, evidence degrades: witnesses move on and recollections fade, so delay is rarely a strategy. Second, the old three-month limit continues to apply to matters arising before commencement, never assume you have six months without checking which regime your claim falls under.
What it means for employers
Every dismissal, resignation and grievance now carries a doubled tail of litigation risk, and provisioning for that risk becomes harder. Three practical consequences follow. Post-termination settlement agreements become more valuable, because they extinguish claims that would otherwise hang over the organisation for half a year. Document retention and investigation records matter more, because claims may arrive months after the individuals involved have left. And exit conversations need more care, because a poorly-handled dismissal in, say, November can surface as a claim the following May.
Under the three-month regime, employers could sometimes simply wait out the clock. From October 2026 that tactic largely disappears, and we expect settlement agreements, including post-termination agreements resolving live disputes, to be used more, not less. For employees, the corollary is that a fair offer is one that reflects the genuine strength of your claims, not the calendar.
Preparing for 1 October 2026
- Employers: review how long HR records, investigation notes and manager emails are retained after termination; revisit litigation provisioning; consider whether unresolved departures from 2026 should be closed out with a settlement agreement before the new limits and the 2027 unfair dismissal changes compound the risk.
- Employees: diarise your deadline the moment employment ends and confirm with an adviser which time limit applies; use the extra time to get advice, not to delay it.
Frequently asked questions
Which claims get the six-month time limit?
The extension applies to most employment tribunal claims, including unfair dismissal and discrimination. From 1 October 2026 the standard limitation period becomes six months, with Scottish breach of contract claims following on 9 November 2026.
Does Acas early conciliation still apply?
Yes. Notifying Acas remains a mandatory step before most tribunal claims, and the conciliation process continues to pause the limitation clock in the usual way.
Does the new limit apply to things that happened before October 2026?
Transitional rules determine which regime applies, and claims arising under the old law generally keep the three-month limit. Because getting this wrong is fatal to a claim, always confirm your specific deadline with an adviser rather than assuming six months applies.
Will longer time limits mean more tribunal claims?
That is the widespread expectation - more claimants will get advice in time, and fewer claims will fail on the deadline. It is one reason many employers are expected to make greater use of settlement agreements to achieve early certainty.
Sources and further reading
About this article. This guide is provided by Frederick George for general information only and does not constitute legal advice. Employment law changes frequently and the position described here reflects the law and published government implementation plans as at the date shown above. Frederick George is a legal referral service, not a law firm; for advice on your specific circumstances we will connect you with an SRA-regulated solicitor. Please contact us before relying on any information on this page.
