Another employment law change is on the horizon with employment tribunal time limits set to double from October. If an employee wants to make a claim to an employment tribunal, they must adhere to a strict time limit. The standard limitation period for most claims is currently 3 months, minus 1 day. After this timeframe, employers can be confident that the matter is resolved and no further action will be taken. Some types of claims currently have a time limit of 6 months, minus 1 day. These include statutory redundancy pay claims, equal pay claims, certain claims made against a trade union, and certain claims for members of the armed forces. Generally, the time limit begins from the date the problem at work happens.
However, on 1 October, the time limit for most claims is set to double to 6 months minus 1 day – an extension of 3 months. This new extended time limit will only apply if the time limit starts on or after 1 October 2026. In Scotland, this will take place on 9 November 2026, and this change does not apply in Northern Ireland. Anything before this must follow the 3 months minus 1 day time limit (with the expectations already highlighted).
There is another previous change to consider from last year. Since 1 December 2025, the ACAS Early Conciliation period increased from 6 weeks to 12 weeks. This temporarily pauses the tribunal time limit, meaning employees may now have longer overall to resolve a dispute or bring a claim. With the new six-month claim period, combined with up to 12 weeks of Early Conciliation, employers could face claims for significantly longer than six months after the original issue.
We may see an increase in the number of claims to an employment tribunal. The longer limitation period allows individuals more time to reflect, seek advice, gather evidence and decide whether to make a claim. This is especially relevant for an employee who left the business, as even after settling into a new role, they would have plenty of time to pursue a formal complaint.
The increasing availability of AI tools may also make it easier for employees to research their rights and prepare initial correspondence, giving them greater confidence to raise or pursue a dispute. This, paired with a longer time limit to make a claim, may significantly increase the number of claims made.
While this can help employees feel they have more time to raise genuine concerns and a fair opportunity to have their case heard, it also means employers may need to manage potential claims for longer. Employers ultimately face a longer period of uncertainty after dismissals or complaints, meaning people management, clear records, and early resolutions are more important than ever.
The extension could increase tribunal claims, putting further pressure on tribunal capacity and increasing waiting times. However, the longer window gives employers and employees more time to resolve disputes before they progress to litigation.
A longer period for bringing a claim also highlights the importance of keeping clear and accurate records and the risks of not doing so. If a dispute arises months after an event, employers will need to provide evidence of how and why decisions were made. Details become harder to recall over time, managers move on, and records become harder to find. Without clear documentation, it can be difficult to evidence decisions or defend a claim months later. Trying to piece together what happened from memory or incomplete notes can put your business at a significant disadvantage.
Responding to and defending a claim, even those with limited merit, can take up valuable management time and may require external advice. As previously mentioned, a longer limitation period could potentially increase the number of claims pursued and therefore, the associated costs for employers, including management time and legal fees.
A longer window to bring a claim could mean employers have to deal with employment issues for longer after they arise. If concerns are not resolved early, issues can escalate and increase the risk of a claim. Therefore, early intervention is key. Employers should address issues promptly, follow a consistent process and maintain clear records.
Managers are often responsible for handling issues and making decisions that could later be challenged. Managers should be trained so that they understand the correct processes to follow, how to document key conversations and when to seek HR advice, helping to reduce the risk of mistakes and potential claims.
Managers should have a consistent approach to handling formal processes. This should include keeping a record of key communications, meetings and decisions, while giving employees a clear opportunity to respond and appeal where appropriate. Providing managers with practical guidance and template communications can also help ensure decisions are explained clearly and consistently..
Keep internal documentation up to date and record key decisions, communications and the rationale behind them as soon as possible to ensure accuracy. Trying to reconstruct events months later can be difficult, with important details, dates and context easily missed.
Records should also be retained for long enough to cover the extended risk period, with clear retention rules in place. Keeping HR records securely in one central location, e.g., HR software, can make it easier to find the information needed if an issue resurfaces further down the line.
Documentation and records of the following are recommended:
Address concerns early rather than allowing smaller issues to develop into more serious disputes. With a longer period to bring a claim, unresolved issues have more time to escalate. Taking a calm, consistent and fair approach from the outset can help prevent problems from becoming harder to manage later.
Regularly audit your HR records and processes to identify any gaps or areas of risk. Check that key documentation is complete, up to date and easy to locate, particularly around dismissals, redundancies, flexible working, discrimination concerns and whistleblowing. Addressing gaps early can help ensure your processes are consistent and properly documented if they are later challenged.
Consider the key areas when an employee leaves to ensure you are covering yourselves enough to avoid claims.
Seeking advice early can often make the difference between resolving an issue quickly and allowing it to develop into a more complex dispute. Having access to experienced HR support at the start of a difficult situation can help managers approach sensitive conversations confidently, follow the right process and avoid common pitfalls.
At HPC, we can support your business with practical, expert HR advice across a wide range of workplace issues. From employee relations and performance concerns to absence, grievances, disciplinaries and more complex cases, we can help you understand your options, follow a fair and consistent process and keep the right records throughout.
We can also review your existing HR processes and documentation, identify any gaps and provide guidance on strengthening your approach, helping you feel more confident when dealing with challenges as they arise.
To find out more information or to discuss the upcoming extension to employment tribunal time limits, please get in contact with our team of experts.
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