For years, small business owners have taken comfort in one quiet rule: if a former employee had not brought a claim within three months, they probably were not going to. That window has now doubled.
From 1st October 2026, the time limit for bringing most employment tribunal claims has increased from three months to six months, under the Employment Rights Act 2025. Here is what it means in practice, and why it matters more for how you manage people day to day than for how you deal with claims.
What is the new employment tribunal time limit?
The standard limit for most claims, including unfair dismissal and discrimination, is now six months less one day from the act being complained about. Previously it was three months less one day. A small number of claims, such as statutory redundancy pay and equal pay, already had six months.
Before a claim can be issued, the employee still has to go through Acas early conciliation. Notifying Acas pauses the clock while conciliation takes place, so in practice a claim can land well over six months after the event.
When does the six month time limit apply?
The new limit applies where the act or failure being complained about happened on or after 1st October 2026. If someone was dismissed on 15th September 2026, the old three month limit still applies to that dismissal.
There is one important exception to that tidy line. Where a claim is about a series of acts, such as an ongoing pattern of discrimination or harassment, the six month limit applies if the last act in that series happened on or after 1st October 2026. That can pull earlier events into scope.
In Scotland, the change for breach of contract claims takes effect slightly later, on 9th November 2026.
Why does this matter for small employers?
Six months is a long time in a small business. Managers leave. Rotas get deleted. WhatsApp messages disappear. The person who ran the disciplinary hearing may not remember why they made the decision they made.
Most commentators expect the change to lead to more claims over time, simply because people have longer to think about it, take advice and decide to go ahead. Combine that with the reduction in the unfair dismissal qualifying period to six months and the removal of the compensation cap, both due from 1st January 2027, and the cost of a poorly handled exit is going up.
The longer limit does not change what makes a claim winnable. A fair reason, a fair process and a written record of both are still what protect you. What changes is how long you need to be able to prove it.
What should employers do now?
- Keep records for longer. Review how long you hold investigation notes, meeting notes, emails and messages. Make sure your retention periods cover at least the new six month window plus conciliation, and stay in line with your data protection obligations.
- Write things down at the time. Notes made on the day are worth far more than recollections pieced together seven months later.
- Deal with grievances properly. An unresolved complaint is the most common starting point for a claim. A longer limit means a grievance you ignored in October can still turn into a claim in April.
- Do not treat six months as breathing space. The extra time is for the employee, not for you. Resolve problems early, while the facts are fresh and the relationship can still be rescued.
- Brief your managers. Most claims start with a management decision that was put off or handled badly. A short refresher now costs very little.
Our view
The headlines will tell you this is a gift to claimants. It is a longer clock, nothing more. Employers who manage people well, keep a record and deal with problems when they come up have very little to fear from it. The businesses that will feel it are the ones relying on the three month window to make a bad decision go away.
Frequently Asked Questions
How long does an employee have to bring an employment tribunal claim?
For acts on or after 1st October 2026, most claims must be brought within six months less one day, plus any extension from Acas early conciliation.
Does the six month time limit apply to dismissals before October 2026?
No. Where the dismissal or other act happened before 1st October 2026, the old three month limit applies. The exception is a series of acts where the last one happened on or after 1st October 2026.
Does the new time limit apply to unfair dismissal claims?
Yes. Unfair dismissal and discrimination claims are both covered by the six month limit.
How long should I keep employee records after someone leaves?
Long enough to defend a claim that could now arrive more than six months after the event, while staying within data protection rules. Set a clear retention period in your policy and apply it consistently.
Will this lead to more tribunal claims?
Most employment lawyers expect claim numbers to rise over time, particularly alongside the unfair dismissal changes due on 1st January 2027.
Want to know whether your records, policies and managers are ready for a longer claims window? Take our free HR Risk Score, or book a 30 minute call with Dan.
This article is general guidance for employers and is not legal advice.
