How extended Tribunal deadlines will affect employers

What is the current situation?

Most types of claims must be brought before the Employment Tribunal within three months of the act complained of. This could include non-payment of wages, incorrect holiday pay, or wrongful or unfair dismissal.

There is very limited scope for extending this deadline, although in discrimination cases, the “just and equitable” rule allows for greater flexibility. Statutory redundancy and equal pay claims must be submitted to the Employment Tribunal within six months.

Before bringing a claim to the Employment Tribunal (“the ET”), most claimants are required to notify ACAS and engage in early conciliation. This process pauses the time limit.

As part of the Employment Rights Bill, the government is proposing to extend the time limit to six months for all claim types. This change is not expected to come into force before October 2026, but the time to prepare is now.

Why is it changing, and what will it mean?

The government aims to improve access to justice and simplify the Employment Tribunal process. However, whether these goals can be achieved by encouraging more claims in an already overburdened system remains to be seen.

The proposed extension will help address situations where employees often delay taking action, such as after giving birth, experiencing ill health, or losing a close family member. While these circumstances might already be covered by the existing “not reasonably practicable” ground, extending the limitation period to six months significantly broadens the window of opportunity.

A longer time limit could also allow more issues to be resolved internally, assuming that some claimants currently file early only to avoid missing the deadline. On the other hand, and perhaps more realistically, it may result in an overall increase in claims, simply because workers have more time and opportunity to bring them. More time to prepare may lead to more thoroughly pleaded claims, which could make proceedings more straightforward. However, it is equally likely that we will see an increase in the complexity and volume of allegations raised.

How can employers prepare?

The change is not likely to come into effect until October 2026, and there are several geopolitical and economic distractions that could delay it further. However, preparation is key.

In practice, the extension is likely to mean a longer period of uncertainty for employers before knowing whether an employee will quietly move on or pursue a claim at the ET. This will mean retaining records for longer and keeping relevant staff in place with up-to-date knowledge. You may become reliant on key witness evidence, which is always more challenging to secure if the individual has since left the organisation.

If you detect any signs of discontent, make sure to follow internal procedures and capture the necessary information while it is still fresh in people’s minds, rather than when the tribunal papers land in your inbox. By being proactive now, you can limit the effects of memory fade and help preserve key evidence.

Providing managers with adequate training will also support them in following the correct processes and ensure consistency and fairness across your organisation.

Data retention policies and privacy notices may also need to be updated to reflect the longer period of potential liability.

How can I reduce the chance of ET claims?

We know that ET claims cost time and money, often distracting key personnel from other important tasks. They can also have a negative impact on staff morale and your commercial reputation.

Expert legal advice is the most reliable route to avoiding ET claims—whether that’s providing support during investigations, disciplinaries, grievances, or throughout restructuring and redundancy. Ensuring these processes are handled correctly will reduce the risk of your organisation being drawn into a formal investigation.

If your organisation does find itself facing an ET claim, having the right legal advice from the outset will help you respond effectively and resolve the issue quickly and efficiently.