What is the current situation?
The majority of employment tribunal claims, such as most unfair dismissal claims, working time regulation claims, discrimination claims and deduction from wages claims, have a three-month time limit (limitation period). Only a few employment tribunal claims, such as for a redundancy payment, unfair dismissal for taking protected industrial action and equal pay, have a six-month limit.
So what’s changing and when?
Under the Employment Rights Act, the time limit for most claims will be extended to six months. (Breach of contract claims are currently excluded, but it is not clear at this stage if that exclusion is deliberate or not.)
Some tribunal regions are already seeing a gap of several years between a claim being issued in the tribunal and the final hearing taking place. This change to the limitation periods could push hearings back even further, as more claims are likely to be filed.
These reforms are expected to take effect from October 2026.
What you need to do
The timing of some of these actions will depend on when the detail of the new laws is finalised and when the changes come into force. However, you can start to plan now:
- Ensure that your managers record carefully their reasons for dismissing (and other relevant decisions) and keep their notes. This is something they should be doing already, but it will become even more important with the likelihood of it taking much longer for a claim to reach a hearing.
- Get into the habit of taking statements from key witnesses at an early stage once you receive a claim, rather than waiting until nearer the hearing, to ensure memories are fresh and in case key witnesses leave the business before a tribunal claim is heard.
- Revisit your document retention policies to check they are sufficient for the new time limit. As a general principle, you may need to retain documents for longer. Make sure that key documents, particularly notes of any investigations, are kept securely for enough time to establish whether a claim has been brought.
How we can help
Extending tribunal time limits means decisions may be challenged long after they were made. Employers will need stronger records and clearer processes to defend claims effectively.
Our HR and legal experts can help you build habits and systems that stand up over time. We can support you with:
- Decision-making and record-keeping practices: Helping managers and HR teams record decisions clearly and consistently, including reasons for dismissal and key people management actions.
- Early evidence and witness preparation: Supporting you to gather statements and key evidence at an early stage, while details are fresh and before people move on.
- Document retention and data handling: Reviewing document retention policies and practices to ensure key records are kept securely for longer timeframes.
- Manager capability and confidence: Training managers on what good documentation looks like and why it matters when claims take longer to reach a hearing.
- Claim readiness and internal processes: Helping you put clear internal processes in place for responding to claims quickly and consistently when they arise.
- Reducing escalation risk: Supporting early intervention and better handling of issues to reduce the likelihood of claims being brought at all.
Additional support and resources
Stay informed and prepared by signing up to our email updates, where we’ll share confirmed changes and key dates as they come into force. Members can access up-to-date guidance, template policies and letters in our HR & Legal Resources section, and our expert team is on hand to answer questions or provide practical support, whether or not you are a Make UK member. You can also contact our ERA enquiry line.
To see the planned changes at a glance, download our free Employment Rights Act planner for clear timelines and practical next steps. If you’d like a deeper insight, ask about our Audit and Impact Assessment - a structured review to help you understand your levels of risk, prioritise actions and plan with confidence.