The government has started the process of making secondary legislation to extend the time limit for a range of employment tribunal claims from three months to six months with effect from 1 October 2026. The changes are likely to increase the number of claims brought and extend the period during which workplace disputes remain live for employers.
Overview
The newly published statutory instruments address a number of claims omitted from the Employment Rights Act 2025 (ERA 2025), which will extend the limitation period for most statutory employment claims from three months to six months. The government has not yet published commencement regulations for these provisions of the ERA 2025, but it seems likely that it will do so to bring them into effect on 1 October 2026 also.
The statutory instruments extend the time limit for claims relating to:
- part-time worker status;
- fixed-term employee status;
- information and consultation;
- blacklisting;
- exclusivity in zero-hours contracts;
- protection for NHS whistleblowers in recruitment; and
- the right to request time off for study or training.
A separate draft order extends the limitation period for breach of contract claims in employment tribunals in England and Wales. The government has not yet published an equivalent order for Scotland.
Which claims will be eligible for the extension?
The six-month time limit will apply only where the “relevant date” falls on or after 1 October 2026. In most cases, the relevant date will be the date of the infringement, such as the date of less favourable treatment in a part-time worker claim. Where a claimant relies on a series of infringements, the relevant date will be the date of the last act in the series. In breach of contract claims, the relevant date is the effective date of termination. This extension will not affect existing rules on extensions of time (including stopping the clock for Acas early conciliation).
Key takeaways for employers
- Expect an increase in claims and longer-running disputes: Longer time limits are likely to lead to an increase in claims, including those that might previously have been out of time or where the claimant felt they did not have long enough to bring a claim. This is against a backdrop of increases in the volume of employment tribunal claims and some regions already listing hearings for 2028 and beyond.
- Review document retention policies: Consider whether you retain HR records, emails and other relevant documentation for sufficiently long periods, particularly where allegations may form part of an ongoing “series of acts”. Review policies, systems and processes now, rather than waiting until October.
- Factor in the extended timeline for dispute resolution: With Acas early conciliation rules unchanged, bear in mind that disputes may remain live for longer overall. The extension from three to six months gives individuals a longer period in which to consider potential claims, seek legal advice and engage in pre-claim discussions before they start proceedings. As a result, workplace issues may resurface several months after the underlying events took place. This reinforces the importance of maintaining clear records and preserving relevant evidence.
Extending tribunal limitation periods will alter the timetable for workplace disputes in a way that employers and advisers are likely to feel quickly in practice.
