Employment Tribunal time limits extended to six months under the Employment Rights Act 2025

By Matthew Rawlinson, Principal Lawyer

The current position

Most claims in the Employment Tribunal (ET) must currently be presented within three months less one day of the act complained of. This applies to the vast majority of employment rights claims, including unfair dismissal, discrimination, detriment and whistleblowing claims.

Although the statutory time limit is paused during Acas Early Conciliation (EC), the short three‑month window has long been criticised as an obstacle to access to justice. Claimants are required to act quickly at what is often the most stressful point in an employment relationship  (following dismissal, disciplinary action or discriminatory treatment) and before they have had a realistic opportunity to obtain advice or gather evidence.

There have been repeated calls for reform, notably from the Women and Equalities Committee and the Law Commission, both of which highlighted that short limitation periods disproportionately disadvantage claimants in discrimination and harassment cases, particularly where the impact of the treatment only becomes fully apparent over time.

The change

Section 152 of the Employment Rights Act 2025, together with Schedule 12, will extend the time limit for bringing most Employment Tribunal claims from three months to six months.

The new six‑month limit will apply to all types of claims, with the exception of breach of contract claims, which will still be required to be brought within three months less one day of the date employment is terminated.

The change is scheduled to take effect in October 2026, as part of the second wave of ERA 2025 reforms.

Early Conciliation – longer window

Alongside the extension of tribunal time limits, the Government has also amended the Acas Early Conciliation regime.

Under the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025, where a prospective claimant presents an Early Conciliation notification to Acas on or after 1 December 2025, the EC period may now last for up to 12 weeks (previously six).

Taken together, the longer Early Conciliation period and the extension of Employment Tribunal time limits give unions more space to support members at an early stage, pursue resolution where appropriate, and still protect members’ legal rights by issuing proceedings where settlement cannot be secured.

Why this matters?

The extension of Employment Tribunal time limits to six months addresses a long‑standing concern raised by unions about the way the current three‑month limit has been exploited by some employers. In practice, short limitation periods have encouraged delaying tactics, including drawn‑out grievance and appeal processes, with employers effectively waiting to see whether a worker will manage to bring a claim in time.

Under the existing framework, members have often been forced to issue tribunal proceedings defensively simply to stop time running out, even where unions are actively pursuing workplace resolution. This approach benefits employers who are unwilling to resolve disputes internally and instead seek to exhaust claimants or run down the clock.

This has been particularly acute in:

• Discrimination and harassment cases, where claimants may need time to process events, obtain medical evidence, or recognise patterns of behaviour;
• Dismissal and detriment cases, where internal appeals are ongoing;
• Cases involving vulnerable workers, including those with disabilities, caring responsibilities or language barriers.

The move to a six‑month time limit should reduce the scope for employer delaying tactics and allow unions to pursue grievances, appeals and negotiations without jeopardising members’ legal rights. It is to be hoped that Employment Tribunals will take a robust approach where prolonged internal processes are used to deter or frustrate claims, while the additional time should also lead to better‑prepared cases and reduce disputes over time limits.

Practical implications

While the change is welcome, it is not without consequences.

Extended time limits, combined with an already substantial tribunal backlog, mean that final hearings are likely to be further delayed. This has particular significance for unions and representatives, as the passage of time increases the risk that:

• Witness memories fade;
• Documentary evidence is lost or destroyed;
• Employers restructure, outsource or become insolvent.

For unions and representatives, this means that early and proactive evidence‑gathering will remain critical. Statements, documents and other key evidence should be secured at the point of dismissal, detriment or disciplinary action, rather than waiting until proceedings are issued.

Conclusion

The extension of Employment Tribunal time limits to six months marks a significant shift in employment law procedure. It recognises the reality of modern workplace disputes and removes one of the most restrictive barriers to justice for workers enforcing their rights.

However, longer time limits are not a substitute for prompt action. For claimants, unions and advisers alike, early evidence‑gathering and strategic case preparation will be more important than ever as the new regime beds in from October 2026.