Tribunal time limits have changed: What are the practical implications for employers?

by Georgia Hanson and Emma Woods, Burges Salmon

At first blush, an extension to tribunal time limits under the Employment Rights Act 2025 may appear to have limited impact for employers – and compared to some of the other changes, that is probably true. However, this change is not without serious implications. Here we consider the practical consequences.

What’s changing?

Currently most employment tribunal claims need to be brought within three months of the entitlement to bring a claim arising (with some limited exceptions such as for equal pay claims).

However, from 1 October 2026 that limitation period has doubled, which means claimants now have up to six months to bring a claim. So for instance an employee dismissed in October 2026 has until April 2027 to bring their claim.

Importantly this change is forward-looking so it will only apply where the relevant act (or failure) giving rise to a claim occurs on or after 1 October 2026. Relevant acts before that date are still governed by the previous time limits. So where, for example a dismissal occurred in September 2026 the time limit for bringing a claim will still expire in December 2026.

Interaction with Acas early conciliation

Employers will be familiar with the mandatory requirement for employees to engage with Acas early conciliation ahead of their claim proceeding to explore whether their dispute can be resolved without the need to go to the employment tribunal. Early conciliation operates to “stop the clock” on claim limitation periods until the conciliation concludes.

Prior to December 2025, early conciliation could stop the clock for up to six weeks. However, to give Acas more time in which to resolve disputes, this period was doubled to 12 weeks. The combined effect of the new six-month limitation period and the extended 12-week conciliation window is significant as it means it may now be up to nine months after the dismissal or relevant act complained of has taken place before a claim is lodged.

What’s the likely impact?

The Government’s objective in introducing this change to limitation periods is to provide employers and employees with a greater opportunity to resolve workplace disputes before formal proceedings are commenced. It also provides potentially useful additional time for both employer and employee to assess the merits of any potential claim and seek legal advice before tribunal proceedings are commenced.

There is no doubt that the old three-month limitation period could lead to an employee submitting a claim to the employment tribunal in order not to lose their opportunity to bring a claim – in other words to preserve their position. There are certainly arguments that if an employee has a longer timeframe before they have to act, they may feel less inclined to claim – perhaps because a lapse of time has calmed emotions, so making a settlement easier to reach, or because they have found another job and are more content to move on.

However, the Government’s Economic Analysis of the Employment Rights Act 2025, published in January 2026, is less positive, estimating that the extension of limitation periods alone could result in a 5% increase in employment tribunal claims.

How should employers respond to this change?

1. Proactively manage the uncertainty

Perhaps the most immediate consequence of the reform for employers where they are in dispute with an employee is the potential for a period of uncertainty as to whether a claim will be brought. The practical effect is that workplace disputes, dismissals and allegations of discrimination will remain a potential source of litigation risk for a significantly longer period.

This is likely to impact more than just HR teams. Line managers and witnesses who have been involved in the complaints may also feel the effects.

As part of HR’s approach to managing dispute resolution more generally (not least as claims may become increasingly protracted), you may want to think carefully about how you can provide appropriate support and effectively manage relationships over a longer period of time – not least where the individuals remain in employment.

2. Preserve your evidence early

The more time that passes before a claim is brought, the harder it is to identify and preserve relevant evidence and be able to rely on accurate witness recollections.

These reforms, therefore, reinforce the need for employers to review their approach to the retention of documents and other records and evidence-preservation practices. This may include reviewing and updating record retention policies which can commonly stipulate early destruction of documents after an employee has left for the purposes of GDPR compliance. Where a dispute is anticipated, employers should ensure that relevant documentation is retained and readily accessible, including personnel records, investigation materials, correspondence, WhatsApp and other messages, witness statements, email records and, where applicable, CCTV footage.

The ability to defend claims effectively may also be significantly compromised if witness recollection is allowed to deteriorate over time and/or where witnesses leave the organisation before a claim is issued. As a result, employers should be proactive and, where appropriate, consider taking contemporaneous witness evidence, even if only in skeleton form.

3. Upskill your line managers

As with so many other aspects of the Employment Rights Act 2025 (ERA), the role of the line manager is critical here. Explain to line managers the impact of the change in time limits – it may not be obvious – and their role in both alerting you when they have concerns that a dispute may arise and in ensuring that evidence is preserved.

Final thought

While the extension of tribunal time limits may not be the most headline-grabbing of the Employment Rights Act 2025 reforms, employers should not overlook its practical impact. Taking proactive steps to protect your organisation even on a “just in case” basis is likely to prove valuable in the long run.