Pausing the clock: how limitation works in employment tribunals and what’s changing
Changes to limitation periods in employment tribunals are changing from 1st October 2026 from three months to six months. In this blog, our employment law solicitors explain what you need to know about the changes to time limits for tribunal claims, and how employers and employees can prepare for them.
What is a tribunal claim?
A tribunal claim is a legal case brought to resolve workplace disputes. Claims are normally ‘heard’ at an employment tribunal, where a judge listens to you and the person or organisation you’re making a claim against before making a decision.
You can make a claim to an employment tribunal if you think someone, such as your employer, has treated you unlawfully.
Common reasons an employee may enter a claim to an employment tribunal include:
Can I resolve a workplace issue without going to a tribunal?
Yes, many workplace disputes can be resolved outside of an employment tribunal. Common methods include:
- Speaking informally with your manager or HR team
- Raising a grievance and coming to an agreement or conclusion. It’s a good idea to check through any work policies that can support this process
- Mediation: this is where a third party (a mediator) will discuss the issue with you and your employer to help find a solution
- Pre-action negotiation, usually by way of correspondence
- Acas’ Early Conciliation process
Nearly everyone wanting to make a claim to an employment tribunal needs to notify Acas first. Some types of claims are ‘exempt’ from early conciliation but most people do have to go through the Early Conciliation (EC) process.
The statutory time limit is paused during Acas early conciliation, but it is not on hold indefinitely.
The EC process gives people the chance to come to an agreement without having to go to an employment tribunal. If you are happy to engage in the process, a conciliator will contact you and your employer to try and come to an agreement without the need for a tribunal. By law, early conciliation can only last for a limited time. This is called the early conciliation period. Early conciliation can last up to 12 weeks.
Recap: current time limits for tribunal claims
The proposal to extend the time limit for bringing an employment tribunal claim was first introduced in the Employment Rights Act 2025.
One of the most common practical mistakes is leaving Acas’ notification until the end of the limitation period.
A claimant should identify the limitation date at the outset and treat it as a hard deadline unless there is a clear legal basis for an extension.
Currently, the limitation period for tribunal claims is three months. This means employees can make a claim to an employment tribunal within three months of:
- The last day of your employment or when you were dismissed (unfair dismissal)
- The date the incident, or last act, took place (discrimination)
- The date the deduction of your pay took place or when the payment was due (pay deductions)
The above is a very brief overview and working out when your time limit can be more complicated, especially if the matter is still ongoing, or your issue covers more than one type of claim. This is where it’s important to speak to an employment lawyer as soon as possible.
When is the limitation period for employment tribunal claims changing and why?
Limitation periods for employment tribunals for most claims are changing from 1st October 2026, increasing from three months to six months so you will have six months less one day from the relevant date.
For years, the short three‑month window has been criticised for not allowing time for employees and employers more time to resolve the initial dispute. Further claimants have been placed under significant pressure to act quickly, sometimes without considering all the factors of taking a claim to an employment tribunal.
There have been ongoing calls for reform, particularly from the Women and Equalities Committee and the Law Commission. Both have said that short limitation periods can place claimants in discrimination and harassment cases at a significant disadvantage, especially where the full effects of the treatment may only become clear over time.
Section 152 of the Employment Rights Act 2025, together with Schedule 12, will bring into effect the new time limit and is only applicable to claims for workplace issues that happen on or after 1st October 2026. The limitation period for claims made before this date will stay at the current three-month time limit.
Can you still make an employment tribunal claim if the time limit has passed?
You can still make a claim to an employment tribunal if the time limit has passed; however, the judge will make the final decision on whether this is accepted or not. It is sensible to act quickly and get legal advice if you believe you have missed the time limitation date.
How employers can prepare for the changes
Employers can prepare for changes to employment tribunal limitations ahead of 1st October 2026 by:
- Reviewing policies such as the staff handbook, disciplinary and grievance procedures, and EDI, flexible working and performance policies
- Recording information: managers should be recording employee information which could help to defend a claim, if necessary, such as their flexible working patterns, sickness and absence and redundancy
- Retaining evidence: to secure an accurate record of timescales and details, interviewing witnesses in a timely fashion as memories fade, retaining documents such as the employee’s contract, policies, financial records and emails between you and HR
What do the changes mean for employees?
Although it is more difficult for an employee to prepare for changes, it is good to bear in mind:
- Retaining copies of payslips
- Having a copy of your employment contract
- Keeping a diary of any changes with dates and times
- Keeping a record of any messages or emails between you and your employer that may be beneficial for evidence
- Keeping in touch with relevant witnesses who may help your claim
- Gather medical notes if discrimination is part of your claim
Contact our employment solicitors
If you have been unable to resolve a workplace issue with your employer or employee, our employment law solicitors might be able to help. To speak to a member of our Employment team, call us on 0117 325 2929 or complete our online enquiry form.
