Workers will have twice as long to bring many Employment Tribunal claims from 1 October, when the latest change under the Employment Rights Act comes into force. 

 

The limitation period for many Employment Tribunal claims that are currently subject to a three-month less one-day deadline will increase to six months less one day, giving workers more time to get advice and consider their options. 

 

Thompsons Solicitors, which acts exclusively for trade unions and their members in Employment Rights work, has welcomed the change, but warned workers not to assume that everyone will automatically have six months from 1 October 2026. 

 

Neil Todd, Partner Head of TULG at Thompsons Solicitors, said: “Three months can disappear frighteningly quickly when you've lost your job or you're dealing with discrimination or harassment at work. 

 

“Giving workers more time to get advice and understand their rights is long overdue. But more time doesn't mean people should wait.” 

 

The new rules do not give six months less one day to every claim lodged after 1 October. The changes are not based on when a claim is submitted. The key question will be the relevant date when the dismissal, discriminatory act or other event giving rise to the claim occurred. 

 

Different claim types can have different relevant dates under the transitional provisions, which is why workers should seek advice promptly if they are unsure which deadline applies. 

 

A worker dismissed with an effective date of termination of 1 October 2026 will generally have six months less one day to bring an unfair dismissal claim, subject to the Acas Early Conciliation rules. If the dismissal took effect before 1 October 2026, the existing three month deadline will still apply. 

 

Neil said: “The changeover matters. If your relevant date is 1 October, you're on the new six month less one day timetable. But that doesn't mean every claim after 1 October suddenly gets six months. 

 

“Where a claim involves an alleged continuing course of conduct, such as discrimination spanning a period of time, workers should exercise particular caution and seek advice as early as possible. The transitional provisions may require tribunals to determine whether acts form part of a continuing course of conduct and whether the relevant date falls before or after 1 October 2026.  

 

“Until the new provisions have been tested in practice, the safest approach is still to work to the existing three-month less one day timetable and get advice early.” 

 

Thompsons is also working with trade unions to ensure workplace representatives understand the new deadlines and transitional arrangements. 

 

Neil added: “Union representatives are often the first people workers turn to when something goes wrong at work. We are working with unions to make sure reps understand the changes and can help members seek advice promptly. During the transition period, the safest approach is still not to leave things until the last minute.” 

 

Longer deadlines need a tribunal system that can deliver 

 

Thompsons says extending time limits is only part of the solution and must be accompanied by sufficient investment in the Employment Tribunal system. 

The latest Ministry of Justice figures show Employment Tribunals received around 14,000 single claims between April and June 2026, up 28 per cent on the same period last year. 

Neil said: “Giving workers more time to enforce their rights is an important step forward. But extending deadlines must be matched by a tribunal system with the resources to hear cases promptly.  

“Delays have a real impact on people who may already have lost their job or experienced discrimination at work. As the Employment Rights Act is rolled out, serious action is needed around the funding, staffing and capacity of the system. 

“Access to justice is about both having enough time to bring a claim and being able to have that claim determined without unnecessary delay.” 

 

Thompsons Solicitors is one of the UK's leading employment rights law firms, acting for trade unions and their members. Our specialist employment lawyers support thousands of workers every year, helping them understand their rights and secure access to justice when things go wrong at work  

ENDS 

Tribunal Statistics Quarterly: April to June 2026 - GOV.UK