New employment tribunal time limits – what’s it mean for employees

What do the new employment tribunal time limits mean for employees?

For years, employees have often faced a difficult balancing act when something goes wrong at work.

They must often manage the emotional and financial impact arising from discrimination, dismissal and/or other disputes, while navigating strict employment tribunal deadlines and looking for another job.

The Government’s latest employment law reforms are set to ease some of those pressures by significantly extending the time limits within which employees may bring employment tribunal claims.

With effect from 1 October 2026, the time limit for bringing almost all claims in an employment tribunal will increase from three months to six months.

This will also complement the decision taken at the end of 2025 to extend the time from 6 weeks to 12 weeks within which employees can try and reach a settlement with their employer through the ACAS Pre-Claim Conciliation Scheme.

Not just a change for senior executives

Employment claims are sometimes perceived as being pursued mainly by high earners or senior executives. In practice, many affected employees are in the middle of their careers, balancing mortgages, family responsibilities and the practical realities of finding alternative employment.

Extending the time limit will give employees more breathing space to assess their position, obtain professional advice and make an informed decision, rather than rushing into litigation simply to preserve a claim.

A particular benefit for older workers

The change may also be important for employees later in their careers, who may be concerned about securing a comparable role after many years with one employer or in a senior position.

Where they may reasonably prioritise an immediate job search and only later reflect more fully on the circumstances surrounding their departure, the current system can leave employees facing a difficult choice: commence legal proceedings while trying to move on with their career or focus on finding work and risk losing the right to bring a claim altogether.

More time for meaningful settlement discussions

The ACAS Pre-Claim Conciliation Scheme remains a mandatory step before most claims can be brought. Significantly, the time spent in the process (up to a maximum of 12 weeks), pauses the 6 month limitation period referred to above, while the parties explore whether a resolution can be reached.

In practice, the actual time to commence a tribunal claim will be almost 9 months (6 months plus 12 weeks) for any dismissals or other act, conduct or failure complained of, which occurs on or after 1st October 2026.*

*The current time limit of 3 months will continue to apply for claims where the dismissal or other act complained of occurred before 1st October 2026.

Better access to justice for employees

Deciding whether to bring a claim can be daunting, particularly when already dealing with a difficult situation at work.

Having more time to seek independent legal advice, consider the options available and explore a potential settlement, could help employees make more informed decisions, without feeling pressured to act immediately.

How can Morr & Co help?

If you have any questions or would like any further information on the contents of this article, please do not hesitate to contact our Employment team on 0333 038 9100  or email info@morrlaw.com and a member of our expert team will get back to you.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.