Employment Tribunal claims: six months is the new three
One of the most significant Employment Rights Act 2025 changes this October arrives slightly earlier than the rest.
From 1 October 2026, where an employment tribunal claim currently has a primary time limit of three months, that period increases to six months.
Employees will therefore have considerably longer to decide whether to take action and begin Acas Early Conciliation.
What difference will it make?
The practical impact goes beyond simply changing the date on the limitation calculator.
First, employers may find that disputes remain “live” for longer. An employee who might previously have needed to act relatively quickly can now wait several months before starting Early Conciliation.
That creates an increased risk of memories fading and evidence disappearing. Managers may leave, emails and other records may be deleted under normal retention processes, and witnesses may struggle to recall precisely what happened months earlier.
It may also make data subject access requests more useful to potential claimants. With longer before limitation expires, employees have more opportunity to use a DSAR to obtain documents before deciding whether to pursue proceedings.
What does this mean for you?
The change does not require a new policy, but it should prompt a review of how potential claims are managed.
Where litigation is realistically anticipated, consider creating a case file early. Preserve relevant documents and obtain accounts from key witnesses while events are fresh. If an important witness is leaving, speak to them before they go.