As of 1 October 2026, the Employment Rights Act 2025 has brought about a change to employment tribunal deadlines, which both employees and employers should know about. Employees now have twice as long to bring claims to a tribunal: six months as opposed to three. Let’s take a look at the impact of this change.
What’s changed with employment tribunal deadlines?
The new law has doubled the length of time someone has to bring a claim to an employment tribunal, which is a body that deals with disputes within employment law, like unfair dismissal. Previously most claims were subject to a deadline of three months minus one day, but now the deadline is six months minus one day. The change concerns the timings only, not the grounds on which someone can bring a claim or their rights for making one.
Which employment tribunal claims are affected?
Common claims that would be affected by the deadline extension include:
- Ordinary unfair dismissal
- Workplace discrimination
- Unlawful deductions from wages
- Many whistleblowing-related claims
The deadline hasn’t doubled for every type of claim. Some, such as equal pay and statutory redundancy pay claims, already had a six-month time limit. And much shorter deadlines already apply to some urgent applications, for example interim relief in certain cases of dismissal.
Importantly, the new six-month deadline generally applies to claims where the relevant incident happened on or after 1 October 2026. For example, for an incorrect wage payment in September 2026, a claim would still have to be brought within three months of the dispute date. For a problem in October 2026, certain claims can be brought within six months under the new rules. Of course, incidents that are ongoing or part of a related series won’t necessarily have a distinct date of occurrence, which can complicate the timelines.
Deadlines can also be affected by the Acas early conciliation service, if used. This is a free service that aims to help an employee and employer come to an agreement and settle a dispute without it ever coming to an employment tribunal.
What are the implications of these employment law changes?
What it means for employees
For employees, the extension of the three-month deadline to six months means more time to seek employment law advice, gather evidence (such as emails, payslips and contracts) and extra time to work out whether they have grounds to make a claim. It also means more opportunity to explore ways of resolving the dispute without going to an employment tribunal. This extra time can lessen pressure on employees, and in some circumstances may mean not having to initiate proceedings while still dealing with direct consequences of something like discrimination or dismissal.
Having more time doesn’t directly improve someone’s chances of a tribunal claim being successful. Instead it means extra opportunity to collect the evidence and obtain the legal advice that might make a positive outcome more likely.
What it means for employers
With more time during which a dispute could be brought to an employment tribunal, employers face a longer stretch of uncertainty even after a dispute has concluded or an employee has left the business. It also means employers should make sure they keep any relevant evidence for longer, while still making sure they comply with data protection rules. This could include personnel records and notes or communications from any dispute proceedings.
But this change doesn’t necessarily mean employers will face more tribunal claims, and the grounds on which one can be brought have not changed. Employers should still seek prompt specialist legal advice from solicitors experienced in employment law for businesses.
Does Acas early conciliation still apply?
Even with the new six-month deadline, in most cases employees must still notify Acas before bringing a claim to an employment tribunal. Early conciliation should still be considered, as it’s a free opportunity for both parties to resolve the issue with the help of an independent conciliator, without going to a hearing.
As long as a claimant notifies Acas within the applicable deadline, the clock is effectively paused during the early conciliation process, subject to statutory calculation rules. Simply raising a grievance doesn’t lead to a pause in the timings.
The big takeaway for both sides is that, while the extension to the deadline means potentially more time to make decisions and seek legal advice, it’s still important not to delay. Getting advice early rather than waiting until the deadline is approaching is still the best approach.
Employment tribunal deadlines: FAQs
How do I calculate the new six-month employment tribunal deadline?
You can work out the deadline for affected claims that arise after 1 October 2026 by counting six months from the relevant date, then subtracting one day. The relevant date depends on the nature of the dispute – it may be the date of dismissal, the date of an incorrect payment or a relevant incident of discrimination. And Acas early conciliation, if used, can impact the final deadline.
Can you still make an employment tribunal claim after the deadline?
Sometimes. You can still submit a claim after the deadline, but there’s no guarantee it’ll be accepted. It’s up to a tribunal judge to decide whether an extension is allowed in your circumstances. So it’s better to get legal advice as soon as possible, rather than hoping you’ll be granted extra time.
Can employers resolve a dispute before it reaches a tribunal?
Yes, there are ways for disputes to be resolved by an employer before reaching a tribunal. These include informal conversations, grievances, mediation or using the Acas early conciliation service.
Contact Amicus Law for employment legal advice for both claimants and respondents.
