Parliament approves extension of Employment Tribunal time limits to six months

By Jo Seery, Professional Support Lawyer 

The draft Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 and the draft Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026 have now been approved by both Houses of Parliament. 

The regulations extend the time limit for bringing a range of Employment Tribunal claims from three months to six months, including certain claims that were not originally covered by the Employment Rights Act 2025, such as breach of contract claims in England and Wales.

The regulations include transitional provisions which make clear that the six month time limit will apply where the act or failure to act complained of falls on or after 1 October 2026. Where there are a series of acts or failures, such as a series of an unlawful deduction from wages, the extended time limit will apply if the last date in the series is on or after 1 October 2026.

During parliamentary debates, concerns were raised about the existing pressure on the tribunal system and whether it has the capacity to cope with an increase in claims once the longer time limits take effect.

In response, the government pointed to ongoing reforms, including recruitment of additional judges, increased use of remote hearings, and the creation of a dispute resolution taskforce aimed at improving efficiency. There are also plans for the Fair Work Agency to take on enforcement of certain employment rights from 2027, potentially reducing reliance on tribunals.

Claims based on acts or omissions arising wholly before 1 October 2026 will still be subject to a three month time limit.