Tribunal Time Limits Extended to 6 Months as from October 2026

From October 2026, employees will have longer to bring most employment tribunal claims.

At the moment, most employment tribunal claims must usually be brought within three months, less one day, of the act complained about. From October 2026, Tribunal Time Limits Extended this will increase to six months for most claims.

This is an important change for employers, especially SMEs that may not have in-house HR support.

It means workplace issues may remain a potential legal risk for longer. A complaint, dismissal, grievance, disciplinary matter, pay dispute or discrimination concern that appears to have gone quiet may still become a tribunal claim several months later.

For employers, this makes good HR processes and clear record keeping even more important.

What is changing?

From October 2026, the time limit for most employment tribunal claims will increase from three months to six months.

This means employees will have more time to consider whether to bring a claim. It also gives them more time to seek advice, gather evidence and start Acas early conciliation.

Breach of contract claims are expected to remain subject to a three-month time limit.

Although the change does not mean every workplace issue will become a tribunal claim, it does increase the period of uncertainty for employers.

Why does this matter for employers?

For employers, the longer claim period creates several practical risks.

The first issue is evidence.

If a claim is brought five or six months after the event, managers may not clearly remember what was said, when meetings took place or why decisions were made. Employees involved in the matter may have left the business. Documents may be harder to find. Emails may have been deleted or archived.

This can make it harder for an employer to defend its position.

The second issue is business disruption.

A tribunal claim can take up a lot of management time. Even before a hearing, employers may need to deal with Acas early conciliation, review documents, prepare responses, take advice and speak to witnesses.

For SMEs, this can be a real distraction from running the business.

The third issue is cost.

Even where an employer has acted reasonably, defending a claim can still be expensive and time-consuming. A longer claim window may also make it more likely that businesses are dealing with older workplace disputes that they thought had been resolved.

Good records will become even more important

With employees having longer to bring claims, employers should not rely on memory.

Good records are one of the strongest protections a business can have.

Employers should make sure they keep clear records of:

• grievances and complaints;
• disciplinary issues;
• investigations;
• absence meetings;
• probation reviews;
• performance concerns;
• flexible working requests;
• reasonable adjustment discussions;
• dismissal decisions;
• appeal outcomes;
• informal conversations where concerns are raised.

These records do not need to be complicated, but they should be accurate, dated and stored safely.

A short follow-up email after a meeting can be very useful. For example, confirming what was discussed, what was agreed and what will happen next.

If a claim is brought months later, these records may be far more reliable than someone trying to remember the details.

Managers need to recognise risk early

Many tribunal claims start with an issue that was not dealt with properly at the time.

A manager may see something as a minor complaint, but legally it could be more serious.

For example:

a complaint about unfair treatment could involve discrimination;

a concern about safety could be whistleblowing;

a request for flexibility could link to disability, pregnancy or caring responsibilities;

a complaint about pay could become an unlawful deduction from wages claim;

a resignation following unresolved concerns could become a constructive dismissal allegation.

Managers do not need to become employment law experts, but they do need to know when to pause and ask for HR advice.

Dealing with an issue early can often prevent it becoming a formal dispute.

What should employers do before October 2026?

Employers should use the time before October 2026 to review how workplace issues are managed and recorded.

This should include checking:

• grievance procedures;
• disciplinary procedures;
• absence management processes;
• performance management documents;
• investigation templates;
• meeting note templates;
• outcome letter templates;
• appeal procedures;
• document retention processes;
• manager guidance.

The aim is to make sure that when an issue arises, the business deals with it fairly, consistently and with proper evidence.

Final thoughts

The increase in tribunal time limits from October 2026 means employers will need to be better prepared.

Employees will have longer to bring most claims, which means businesses will need stronger records and more consistent HR processes.

For SMEs, this is a good time to review contracts, handbooks, policies and manager guidance.

Good HR practice will not prevent every claim, but it can reduce risk and put the business in a much stronger position if a claim is made.

If you are unsure whether your HR documents and processes are ready for October 2026, KeyHR can help you prepare now.

We can review and update your staff handbook, employment contracts, disciplinary and grievance procedures, absence management documents and template letters.