By Jo Seery, Professional Support Lawyer
Draft regulations have been laid before Parliament that would extend the time limit for bringing the majority of employment tribunal claims from three months to six months.
If approved, the changes are intended to come into force on 1 October 2026 and would apply across England, Scotland and Wales. The regulations fill gaps left by the Employment Rights Act (ERA) 2025, which extended time limits for most statutory employment claims but omitted several categories.
Key elements include:
An extension to six months for claims under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002
Six‑month time limits for claims under the Information and Consultation of Employees Regulations 2004 and the Employment Relations Act 1999 (Blacklists) Regulations 2010
Extended deadlines for claims relating to zero-hours contract exclusivity provisions and NHS recruitment whistleblowing protections
A separate draft order extending the time limit for contract claims brought in employment tribunals in England and Wales, covering claims under the Employment Tribunals Extension of Jurisdiction Order 1994
The regulations include transitional provisions making clear that the six‑month limit will only apply where the relevant act or omission occurs on or after 1 October 2026. For claims involving a series of infringements, the relevant date will be the last in the series. In contract claims, it will be the effective date of termination.
Existing rules on early conciliation and other extensions of time remain unchanged. An equivalent order for Scotland in relation to contract claims has not yet been published.
