Time limits for employment tribunal claims set to double from October 2026
Draft regulations laid before Parliament will extend the limitation period for a range of employment tribunal claims from three months to six months from October 2026, significantly increasing the period during which workplace disputes may remain live.
Looking for more detail on how the Employment Rights Act could affect your organisation? Our Employment Rights Act tracker gives you a structured, up to date view of the reforms, with clear timelines, practical commentary and prompts to help you understand what is changing, when it matters, and what to do next.
Background
The government has laid draft statutory instruments before Parliament to extend the time limit for bringing a number of employment tribunal claims from three months to six months. Subject to parliamentary approval, the changes are expected to take effect from 1 October 2026.
The draft regulations supplement the wider reforms introduced by the Employment Rights Act 2025, which will extend limitation periods for most statutory employment claims. Commencement regulations for those wider reforms have not yet been published, although the government is expected to bring the changes into force at broadly the same time.
What is changing
The six-month limitation period will apply to a range of claims, including those relating to part-time workers, fixed-term employees, information and consultation rights, blacklisting, exclusivity clauses in zero-hours contracts, and certain NHS whistleblowing protections in recruitment.
Separate draft provisions will also extend the time limit for breach of contract claims in employment tribunals in England and Wales. Equivalent provisions for Scotland have not yet been published. Further changes apply to claims relating to the right to request time off for study or training.
The new time limits will apply only where the relevant act, detriment or termination takes place on or after 1 October 2026. Existing rules on extending time limits, including the effect of Acas early conciliation in pausing limitation periods, will remain unchanged.
Learning points for employers
These reforms are likely to extend significantly the period during which employment disputes remain live. This is particularly important when viewed alongside the government's decision to increase the Acas early conciliation period from six weeks to 12 weeks from 1 December 2025.
Employers should review document retention practices, record-keeping processes and internal investigation procedures to ensure that evidence remains available for longer periods. The changes also reinforce the importance of early resolution strategies, as claims that may previously have fallen away after three months may now remain active for considerably longer.
For more information or advice, please get in touch with Elizabeth McTeigue in our Employment team.
Get in touch today
Are you looking for legal services?
Fill out our form to find out how our specialist lawyers can help you.