Natalie Abbott, Partner and Head of Employment Law, explains how the changes could affect employers and the practical steps they can take to protect their position.
A significant change to tribunal time limits
Where a worker or employee wishes to ask an Employment Tribunal to determine a dispute with their current or former employer, traditionally, they have needed to act quickly. In most cases, a claim must be issued within three months less one day of the act or omission being complained of.
If the claim is submitted outside that timeframe, it’s likely to be out of time and the Tribunal may be unable to hear it.
The introduction of ACAS Early Conciliation in 2014 allowed this period to be extended by the amount of time spent engaging in conciliation. However, in practice, any extension was usually relatively modest.
The impact of longer early conciliation periods
In recent years, increasing demand for the Early Conciliation service has resulted in longer conciliation periods. Most recently, the maximum duration increased to 12 weeks from December 2025.
As a result, the window for issuing tribunal proceedings has been increasing incrementally. The forthcoming legislative change represents the next step in that trend.
What changes from October 2026?
As part of the Employment Rights Act 2025 (ERA25), the limitation period for bringing Employment Tribunal claims will increase to six months less one day from 1 October 2026.
The new timeframe will apply where the relevant act or omission takes place on or after that date. Incidents occurring before 1 October 2026 will remain subject to the current three-month limitation period.
When combined with any extension arising from Early Conciliation, employers could potentially receive a claim many months after the events in question, in some cases nine months or more after the original incident.
What does this mean for employers?
One of the most obvious challenges will be defending claims where significant time has passed since the relevant events occurred.
Witness recollections may fade, key personnel may have moved on, and important details can become more difficult to verify. The longer the delay between an incident and a tribunal claim, the greater the risk that evidence becomes less reliable or harder to obtain.
For many employers, the change will place even greater importance on effective record keeping and robust HR processes.
How can businesses prepare?
Our Employment Law team regularly advises and represents employers in Employment Tribunal proceedings.
The strongest employer defences are often supported by accurate contemporaneous records. Maintaining clear notes, investigation documents, meeting records and decision-making rationale can make a significant difference when responding to a claim months, or even years, later.
We also work proactively with employers on HR and management processes, helping businesses navigate performance management, disciplinary procedures, grievances and restructures in a legally compliant manner, reducing the risk of disputes arising in the first place.
Could there be benefits for employers?
While the extension of limitation periods is likely to create challenges, the impact may not be entirely negative.
Some employees who would previously have felt compelled to issue proceedings quickly may instead use the additional time to secure alternative employment and move forward. Having mitigated their losses, they may ultimately decide not to pursue a claim, particularly given the continuing pressures on the Tribunal system and the length of time cases can take to reach a hearing.
The overall effect of these changes on claim volumes and employer risk remains to be seen.
How we can help
The extension of Employment Tribunal limitation periods marks a significant shift in the employment law landscape. Employers should use the lead-in period before October 2026 to review their record-keeping practices, HR procedures and internal dispute resolution processes to ensure they are well prepared.
To learn more about our HR and Employment Law services, including bespoke retainer packages for employers, contact us today on 03456 465 465 or email enquiries@rotherabray.co.uk
Upcoming employment law seminars
We will be running Employment Law Seminars throughout September to help employers understand and prepare for the significant changes being introduced under ERA25.
For further details or to reserve your place, please contact g.mason@rotherabray.co.uk
