| Under the Employment Rights Act 2025, the time limit for most employment tribunal claims in England and Wales is doubling from three months to six months. The change takes effect on 1 October 2026 and applies where the relevant act, such as a dismissal or an act of discrimination, happens on or after that date. Affected claims include unfair dismissal, discrimination and unlawful deduction from wages. The reform applies across Great Britain, as employment law is reserved to Westminster |
The time limits set by employment tribunals have always been one of the most strict aspects of UK employment law; if you go a single day beyond the deadline the claim is usually dismissed. For many years the time frame has been three months, a period which people find extremely short when they are still trying to come to terms with what has happened, not to mention when they are ready to get advice and file a claim.
The situation is going to be different. The standard time limit for most employment tribunal claims will be doubled to six months under the Employment Rights Act 2025, the change taking effect from 1 October 2026. This alteration is important to employees, workers and employers as well.
This article explains what an employment tribunal is, how the claims process works, what is changing in 2026, and what employees and employers should do now to prepare.
What is an employment tribunal?
An employment tribunal is an independent judicial authority which considers and settles disagreements between employees and employers concerning statutory employment rights. Although it is separate from the civil courts, its decisions have full legal force and are entered on a public register.
Tribunals hear a wide range of claims, including:
- Unfair dismissal
- Discrimination (including on grounds of age, sex, race, disability, religion or belief and sexual orientation)
- Unlawful deduction from wages
- Whistleblowing (protected disclosures)
- Statutory redundancy pay
- Working time breaches
- Maternity, paternity and parental rights
A point that often shocks people is that there are no charges when making a claim to an employment tribunal. The decision by the Supreme Court in R (Unison) v Lord Chancellor in 2017 declared the previous system of charges to be unlawful, and the government confirmed in 2025 that it had no intention of bringing them back. The fact that there is no initial cost is one of the reasons why the number of claims has increased greatly in recent years.
The decisions are available on a free public register at gov.uk/employment-tribunal-decisions. Generally, they remain there and cannot be removed merely because one of the parties would have them taken down. But in certain limited cases, a tribunal has the power to order anonymisation or to restrict the information that is published.
How does an employment tribunal work?
The process proceeds in a fixed order and understanding what happens at each stage enables claimants and employers to deal with a dispute with greater confidence.
Step 1: Notify Acas and begin early conciliation
In order to make a claim, the person intending to do so must first inform Acas (the Advisory, Conciliation and Arbitration Service) in order to begin early conciliation. This procedure is required in most cases. The Acas conciliator will attempt to help the differing parties reach a settlement without the need for a hearing. Most important of all, the time limit clock is suspended while early conciliation is taking place.
Step 2: Submit the ET1 claim form
If the dispute cannot be settled through conciliation, the claimant then fills in an ET1 claim form, typically by going online via GOV.UK, within the relevant time limit. The ET1 form states who the claimant is, the nature of the claim and the remedy that is being asked for.
Step 3: The employer responds
The employer, who is the respondent, files a form known as an ET3 in which it sets out its reply to the claim.
Step 4: Case management
A preliminary hearing can be arranged in order to clarify the issues in dispute, attend to any procedural matters and establish a timetable for the final hearing.
Step 5: Final hearing
The employment judge hears the case, and in certain instances is joined by two ordinary members. Both parties give evidence, call witnesses and make submissions. The length of a hearing varies from half a day to several weeks according to the complexity of the case.
Step 6: Judgment
The judgment is put on record on the public register; as has been stated, there is no general right to have a decision taken away afterwards.
Employment tribunal time limits: what is changing in 2026?
This is one of the most significant procedural reforms to the tribunal system in years, and it deserves close attention from employees and employers alike.
What are the current employment tribunal time limits?
Until 1 October 2026, the standard limitation period for most employment tribunal claims is three months less one day from the date of the act complained of. In an unfair dismissal claim, time runs from the effective date of termination. In a discrimination claim, it runs from the last act of discrimination.
A smaller group of claims already carries a six-month limit, including statutory redundancy pay, equal pay, and certain trade union and industrial action claims.
What changes from 1 October 2026?
The time limit for most claims before an employment tribunal will increase to six months less one day. This new time limit applies only where the relevant date, most often the date of the act in question, occurs on or after 1 October 2026. In claims which involve a series of acts, for example a number of unlawful deductions from wages, the six-month time limit applies if the final act in the series takes place on or after that date.
The claims affected include:
- Unfair dismissal
- Discrimination
- Unlawful deduction from wages
- Working time breaches
- Several further claim types brought into line by separate regulations, including part-time worker and fixed-term employee rights, information and consultation rights, blocklisting, zero-hours contract exclusivity, whistleblowing protection in NHS recruitment, and the right to request time off for study or training
The reform does not change claims that already run on a six-month basis, such as statutory redundancy pay and equal pay.
Summary of key changes
| Unfair dismissal | 3 months less 1 day | 6 months less 1 day |
| Discrimination | 3 months less 1 day | 6 months less 1 day |
| Unlawful deduction from wages | 3 months less 1 day | 6 months less 1 day |
| Breach of contract (England and Wales) | 3 months less 1 day | 6 months less 1 day |
| Statutory redundancy pay | 6 months | Unchanged |
| Equal pay | 6 months | Unchanged |
What does this mean for employees?
Employees will have a great deal more time at their disposal if they want to take advice, consider their options and draw up a claim that is properly supported by evidence. For those people who are dealing with a dismissal or a discrimination case during a difficult period in their lives, this represents a significant change.
Even so, acting early still makes sense. Memories fade, documents go missing, and witnesses move on. The longer limit gives people room to breathe; it is not a reason to sit on a claim.
What does this mean for employers?
The longer window extends the period in which a claim can still be brought after an event. Employers should review their document retention policies and ensure relevant records, such as disciplinary notes, pay records and correspondence, are kept long enough to defend a claim that arrives later than it would have under the old rules. HR teams should also check that their internal procedures reflect the greater exposure.
The reforms are expected to push up claim volumes, which already weigh heavily on a tribunal system running with a substantial backlog and long waiting times.
What about Acas early conciliation?
Acas early conciliation remains a mandatory first step, and starting it still pauses the time limit clock. The process itself has recently changed, though. For notifications made to Acas on or after 1 December 2025, the maximum early conciliation period doubled from six weeks to twelve weeks, under the Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025. This longer conciliation window is due to be reviewed in October 2026.
Taken together with the six-month limit coming in from October 2026, the practical effect is that the overall period before a claim must be lodged can be longer still, because the clock is paused for the duration of conciliation.
How long does an employment tribunal take from start to finish?
There is no one answer and it is better to be realistic than optimistic. The process, from filing a claim to the final hearing, can take anywhere from several months to well over a year, and even longer in complex cases, those with multi-day hearings, and cases which involve several respondents.
Tribunal backlogs are significant and waiting times in many regions are long. The extended time limits are expected to increase claim volumes, which may push waiting times out further.
Early advice from experienced employment tribunal solicitors makes a real difference. A well-prepared claim tends to move through case management more smoothly and is less likely to be held up by procedural problems or gaps in the evidence.
Frequently asked questions
What is an employment tribunal?
An employment tribunal is an independent judicial authority which settles statutory disputes over employment between workers and employers; it is not a civil court, but its decisions have legal force, are enforceable and are entered on a public register.
What are the new employment tribunal time limits from 2026?
From 1 October 2026, the time limit for most employment tribunal claims in England and Wales rises from three months less one day to six months less one day. This includes unfair dismissal, discrimination and unlawful deduction from wages. The longer limit applies where the act complained of happens on or after 1 October 2026.
How does the employment tribunal process work?
The process follows six main stages: notify Acas to begin early conciliation; submit the ET1 claim form online through GOV. The employer files an ET3 response; a preliminary case management hearing may be held; the case proceeds to a final hearing before an employment judge; and the tribunal issues and publishes a judgment.
Has the Acas early conciliation period changed?
Yes. For notifications made to Acas on or after 1 December 2025, the maximum early conciliation period increased from six weeks to twelve weeks. Early conciliation remains mandatory before most claims, and it continues to pause the time limit clock while it is underway.
How long does an employment tribunal take?
From claim submission to final hearing, the process typically takes several months to over a year. Backlogs mean waiting times are long in many regions. Seeking early advice and preparing thoroughly can help a case progress as efficiently as possible.
Are all employment tribunal decisions published?
As a rule, yes. Decisions are published on a free public register at gov.uk/employment-tribunal-decisions. They are not usually removed on request, though a tribunal can order anonymisation or restrict publication in limited circumstances.
How do I file an employment tribunal claim in Cardiff or South Wales?
Start by notifying Acas to begin mandatory early conciliation. Once that process concludes, submit the ET1 claim form online through GOV.UK within the applicable time limit. For specialist support across South Wales, CJCH Solicitors provides employment tribunal representation and advice from offices in Cardiff, Barry, Bridgend, Blackwood, Caerphilly and Swansea.
How much does it cost to bring an employment tribunal claim?
There are no tribunal filing fees. If you instruct a solicitor, their professional fees will apply. Costs orders against a losing party are uncommon in the employment tribunal and are generally reserved for cases where a party has behaved unreasonably in the conduct of the litigation.
What are the key steps to prepare for an employment tribunal hearing?
Effective preparation involves gathering and organising all relevant documents and correspondence early; obtaining witness statements while recollections are fresh; understanding the legal test that applies to your specific claim; complying with all tribunal directions and deadlines; and, wherever possible, instructing experienced employment tribunal solicitors who can guide preparation from the outset.
Get the right advice before the clock starts.
For employers, the longer window calls for a proactive review of document retention policies and internal HR procedures. The period of potential exposure is longer, and claim volumes are expected to rise.
Paul Shuttleworth, Head of Employment at CJCH Solicitors, has more than 25 years of experience in employment law and qualified as a solicitor in 1999. Paul is a regular advocate before the employment tribunal and a qualified mediator, with experience advising clients ranging from Premier League football clubs to SMEs across South Wales.
CJCH Solicitors is rated Excellent on Trustpilot, with a score of 4.9 out of 5 from 286 reviews, reflecting the quality and consistency of service the firm delivers.
Our employment solicitors help clients across South Wales, with offices in Cardiff, Barry, Bridgend, Blackwood, Caerphilly and Swansea. Contact the CJCH Solicitors employment law team today to arrange a consultation and make sure your workforce is compliant, competitive and secure.
