Hurry up and wait: employment tribunal time limits are changing

23 September 2026 | posted in Employment law

What employers need to know before 1 October 2026

For years, employers have become accustomed to a familiar rhythm: three months less one day for most employment tribunal claims, Acas Early Conciliation and then a long wait for the Tribunal process to move forward.

From 1 October 2026, the first part of that rhythm changes significantly.

The ordinary time limit for bringing most Employment Tribunal claims in Great Britain will double from three months less one day to six months less one day. The change covers a broad range of claims, including unfair dismissal, discrimination, whistleblowing, working time, TUPE, national minimum wage and trade union claims. Supplementary regulations extend the same approach to several specialist employment rights.

For employers, the practical message is simple: workplace disputes will remain live for longer, while the evidence needed to defend them may become harder to preserve.

A longer period of uncertainty

At first sight, the reform may look like a procedural adjustment. In practice, it materially lengthens the period during which a dismissal, grievance, disciplinary process or workplace complaint may turn into litigation.

By the time a claim is presented, witnesses may have moved on, memories may have faded and the manager who made the decision may no longer be available. Notes that once seemed routine may become central evidence. The familiar assumption that a matter has “gone away” after three months will no longer be reliable.

Six months may not mean six months

Acas Early Conciliation will continue to affect the calculation of the deadline. Depending on when Acas is notified and when the Early Conciliation certificate is issued, the statutory rules may extend the date by which proceedings must be presented.

The headline six-month period can therefore translate into a considerably longer interval between the underlying events and receipt of an ET1.

The 1 October dividing line

The new regime is not retrospective. It applies where the relevant act, omission, termination or other legally defined “relevant date” falls on or after 1 October 2026. Where that date falls before 1 October, the existing time limit will generally continue to apply.

That sounds straightforward, but cases involving a continuing course of conduct, a series of similar acts or events straddling the commencement date may require careful analysis. Employers should not assume that every dispute originating before October automatically remains under the old regime.

A wider shift in litigation risk

The timing matters because further reforms follow on 1 January 2027. The qualifying period for ordinary unfair dismissal will be reduced from two years to six months, and the statutory cap on compensatory awards for unfair dismissal will be removed.

These changes do not make every dismissal unfair or every award unlimited in practice. Claimants will still need to prove their claims, and compensatory awards will continue to reflect evidenced loss. Even so, a larger group of employees will be able to bring ordinary unfair dismissal claims, and potential exposure in higher-value cases will increase.

The combined effect is more significant than any one reform viewed in isolation: more potential claimants, more time to bring claims and potentially greater financial exposure.

More time to claim, then more time to wait

Claimants will have longer to start proceedings, but the employment tribunal system remains under substantial pressure. Complex discrimination and whistleblowing cases can already take years to reach a final hearing, with delay affecting witnesses, management time and settlement strategy.

The result is the “hurry up and wait” problem in sharper form. Employers must act promptly to preserve evidence and assess risk, even though final resolution may be a long way off.

What should employers do now?

The direction of travel is clear. Employment disputes will remain capable of becoming claims for longer, more employees will gain unfair dismissal protection, and some claims may carry greater value. Against a backdrop of continuing Tribunal delay, robust process, disciplined record keeping and early strategic judgment will matter more than ever.

The change calls for practical preparation rather than alarm. Employers should:

• review document retention policies, investigation files and litigation-hold procedures;
• require clear, contemporaneous notes of disciplinary, grievance, capability and performance processes;
• identify and preserve key evidence when a dispute first emerges, rather than waiting for Acas contact or an ET1;
• review probationary and performance-management frameworks before the six-month qualifying period for ordinary unfair dismissal takes effect;
• update settlement and litigation-risk assessments to reflect the longer claim window and removal of the compensatory cap; and
• brief managers that silence after three months no longer means the litigation risk has passed.

About the authors

This article was jointly authored by Peter Jones, Employment Partner, Moore SGD Law, and Helen Chamberlain, Director, Moore Kingston Smith HR Consultancy.

Moore Kingston Smith Employer Services brings together specialist expertise across employment law, HR consultancy, payroll, employment tax, immigration, global mobility, employee benefits, share schemes and data protection through one integrated offering. By combining these disciplines, Moore Kingston Smith Employer Services helps employers manage workforce, compliance and people-related challenges through coordinated, commercially focused advice and support across the employee lifecycle.