From 1 October 2026, the standard time limit for bringing most employment tribunal claims will increase from three months to six months, bringing many claims into line with the existing time limits for statutory redundancy payment and equal pay claims. Nina Seymour, Head of Invicta Law’s Employment, Pensions and Education Group, examines the practical consequences of the new time limits under the Employment Rights Act and the challenges they may create.
For employers, this is not just a technical change to a deadline – it has important practical implications. It extends the period during which workplace disputes may remain live for longer, particularly following disciplinary dismissals, resignations accompanied by grievances, allegations of unfair treatment, whistleblowing concerns, discrimination complaints or other workplace conflict. The theory behind it being it gives the employer and employee more time to resolve the situation outside of the Tribunal process.
What is changing?
At present, many employment tribunal claims must usually be presented within three months, subject to the effect of Acas early conciliation and any applicable tribunal discretion. From 1 October 2026, the standard time limit for the majority of claims will move to six months.
The government has confirmed that the change will apply to claims where the relevant workplace problem, act or omission occurs on or after 1 October 2026. Where the issue happened before that date, the existing three-month limit is expected to continue to apply.
Do not overlook Acas early conciliation
The requirement to notify Acas before filing most tribunal claims is not changing. The maximum early conciliation period is currently 12 weeks, following the increase from six weeks in December 2025, although this is subject to review in October 2026.
In practical terms, a claim may arrive significantly later than you think following the date of dismissal, resignation or workplace incident. Employers should therefore avoid assuming for example, that silence after an internal dismissal process or resignation means the risk has passed.
Why this matters for disciplinary dismissals and grievances
The legal risk is not only about whether the decision was right. It is also about whether the organisation can demonstrate, many months later, that the process was fair, proportionate and properly documented.
This is particularly important where an employee has been dismissed following a disciplinary process, resigned while raising grievances, alleged that they were forced to leave (constructive dismissal), or raised concerns shortly before their employment ended.
Good records will become even more important
Businesses should ensure that relevant reports, investigation notes, disciplinary outcome letters, appeal papers, grievance documents, meeting notes, emails, witness statements, decision-making records and any records of management action are retained securely and accessibly.
Managers should also be reminded that informal messages, emails and contemporaneous notes can become important evidence. A short, factual note made at the time will often be far more reliable than trying to reconstruct events many months later.
Tribunal delays make record-keeping even more critical
Employment Tribunals are already facing significant delays, with claims taking many months – and in more complex cases, potentially years – to reach a final hearing. For example many cases on my desk are listed for hearing in 2029. This means a dispute arising may not be fully heard until long after key managers have moved roles, witnesses have left, and memories have faded.
Those delays make preserving contemporaneous evidence all the more important. The ability to retrieve investigation reports, grievance papers, emails, meeting notes and decision records quickly may be decisive when responding to a claim, preparing witness evidence or assessing settlement strategy.
Practical steps for employers
- Review HR document retention policies before October 2026.
- Ensure disciplinary and grievance records are complete, dated and stored consistently.
- Keep clear records of the reasons for dismissal, the evidence considered and the decision-making process.
- Preserve emails and internal communications relating to grievance issues, disciplinary allegations and resignation discussions.
- Train managers to document key conversations factually and promptly.
- Do not close files too early simply because the previous three-month window has passed.
The takeaway
The extension to six months means employers will need to think beyond the immediate aftermath of a dismissal, resignation or grievance. The best protection remains the same: fair process, clear reasoning, careful communication and well-preserved evidence of decision making.
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Disclaimer: This article, published 12 August 2026, does not constitute legal advice and is provided for general information purposes only.