Employment Tribunal time limits extended: more time to bring a claim, but do not delay

By Bernie Wentworth, National Head of Employment Rights

From 1 October 2026, workers have twice as long to bring many Employment Tribunal claims. Bernie Wentworth, Thompsons' National Head of Employment Rights, explains why the change is welcome, but cautions trade union members against delaying seeking advice.

One of the longstanding difficulties for workers seeking to enforce their employment rights has been the extremely short time available to bring an Employment Tribunal claim.

For many claims, including unfair dismissal and discrimination, the deadline has been just three months’ less one day. From 1 October 2026, that period increases to six months’ less one day.

This is an important and welcome change.

Three months’ less one day can disappear very quickly for someone who has lost their job or is dealing with discrimination, harassment or another workplace dispute.  Members may also be trying to resolve matters through a grievance or appeal, while speaking to their union and obtaining legal advice.

The new six months’ less one day period gives workers valuable additional time to understand their rights and consider their options.

Transitional period

There is, however, an important qualification.

The new rules do not mean that every claim lodged on or after 1 October 2026 automatically benefits from the six months’ less one day time limit.

The key issue under the transitional provisions is the relevant date. Generally, the new time limit applies where that date falls on or after 1 October 2026. What amounts to the relevant date depends upon the particular claim being brought but generally means the act or failure complained of.

For example, if a worker is dismissed with an effective date of termination of 1 October 2026, they will have six months’ less one day to bring an unfair dismissal claim. If their dismissal took effect before 1 October 2026, the existing three months’ less one day deadline will still apply.

The process for bringing a claim, including the requirement to notify ACAS a claim can be lodged at the Employment Tribunal has not changed. 

Particular care with continuing discrimination

The position can be more complicated where a claim involves an act or failure which is ongoing as it can often arise in discrimination cases.

Where it is unclear if an act of discrimination is ongoing or it is not clear if the last act occurred before or after 1 October 2026; this as an area where determining the relevant date may not always be straightforward and it is best to seek advice as soon as possible and not to rely on the six months’ less one day time limit.

For trade union members, the practical message is clear: do not assume that you have six months’ less one day.

More time must not mean waiting longer

The extension to six months’ less one day is a significant improvement for workers. It should reduce the risk of potentially good claims being lost because someone has not been able to obtain advice in time.

However, the additional time should be viewed as a safeguard, not an invitation to delay.

Limitation can be complicated. Different claims arising from the same workplace dispute can have different relevant dates, and ACAS Early Conciliation also affects the calculation of the deadline for lodging an Employment Tribunal claim.

Our advice to members and trade union representatives therefore remains the same: raise potential claims with your trade union and seek legal advice as early as possible.

Particularly while the new transitional provisions are being tested in practice, the safest course, where there is any uncertainty, is to continue working to the three months’ less one day deadline.