Victoria Eustace and Dayna Rodrigues, in our Employment Law team, explain the extension of the time limit for bringing employment tribunal claims and what it means for employees and employers.
The provisions of the Employment Rights Act 2025 (ERA ’25) continue to come into force, with a suite of major changes to take effect this October 2026, starting with limitation.
1 October 2026 – limitation to increase to six months
For most types of employment tribunal claims, the position has long been that prospective claimants have three months less one day from the event giving rise to the claim, for example the termination of employment, (the Relevant Event), within which to bring their claim in the employment tribunals.
On 1 October 2026, s152 ERA ’25 will extend this limitation period for the most common types of employment tribunal claims so proceedings must be commenced within six months less one day of the Relevant Event.
Acas Conciliation – Stopping the Clock
It shall remain compulsory (in most cases) for prospective claimants to notify Acas of an intended claim before issuing proceedings and they must do so within the limitation period or risk losing their right to pursue their claim.
Prospective claimants usually then have the option to choose whether to engage in Acas early conciliation, which is a period during which the parties have the opportunity to work with an Acas conciliator to try and reach agreed terms and conditions for settling the dispute.
Engaging in Acas early conciliation temporarily ‘pauses the clock’ in respect of the limitation timeframe within which prospective claimants must submit their claim to the employment tribunals (or risk losing the right to do so).
Previously, the maximum period allowed for Acas early conciliation was six weeks. From 1 December 2025, however, as a temporary measure, Acas early conciliation can last up to a maximum of 12 weeks (subject to any further announcements in this regard, the extension being due for review in October 2026).
You can read more about Acas early conciliation here.
If the parties do not wish to engage in conciliation, conciliation fails and/or the parties are unable to reach agreed terms under which to settle the dispute before the expiry of the maximum 12 week Acas early conciliation period, Acas should issue an Early Conciliation certificate (EC Certificate). The issue of the EC Certificate marks the end of the Early Conciliation period. The limitation clock starts to run again once the claimant receives the EC Certificate.
Prospective claimants usually have at least one month from the date the EC certificate was received to submit their claim to the employment tribunals.
General impact
The initial phase, culminating in submission of a claim to the employment tribunals, could now take up to 10 months from the date of the Relevant Event.
Overall, proceedings may not conclude for multiple years on from when the Relevant Event actually occurred.
What the extension means for employees
The current limitation period (three months) may feel particularly time-pressured for employees who, in the context of dealing with a potentially upsetting problem at work, may also be grappling with what to do next.
The extended time limit will give prospective claimants more time to consider and reflect on their position, which may include seeking independent legal advice, and perhaps to prepare and submit a considered claim.
What the extension means for employers
Potential litigation may not reveal itself as quickly as before. By the time a business receives notification of a claim form, staff turnover could mean that members of staff who were previously involved in the Relevant Event are no longer working for the business. Those who remain may have little memory of key details.
It will be more necessary than ever to:
- keep clear and accurate records, evidencing decision making; and
- review and update (if necessary) any data retention policies.
How Blandy & Blandy can help
If you are looking to take advice on your position and options or require support bringing your claims in the employment tribunals, our expert Employment Law team is here to help.
Alternatively, if you require support in defending your business against employment tribunal claims or require advice and assistance on behalf of a business in relation to any other workplace matter our Employment Law team would be happy to help.
Blandy & Blandy is leading law firm in the Thames Valley, with offices in Reading, Henley-on-Thames and Wokingham. For further information or legal advice, visit www.blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
