Employment Rights Act: Tribunal Claim Time Limits

If you thought HR disputes couldn’t get more complicated, the Employment Rights Act is about to add another layer. 

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

That might not sound huge at first glance, but it has some important implications for business owners and HR teams. 

What’s Changing 

Currently, employees have  three months  from the date of an incident (for example, dismissal, discrimination, or other statutory claim) to bring a tribunal case. 

From  October 2026, this will be  six months  for all claims. That’s double the window for disputes to arise and double the period you need to keep records, evidence, and documentation in case something ends up in a tribunal. 

Why It Matters 

Longer time limits give employees more breathing room to consider a claim. For businesses, it means: 

• Extended risk exposure  – potential claims could appear months after an incident. 

• Data retention  – you’ll need to hold relevant records and evidence for longer. 

• Informal dispute resolution becomes more important  – with a bigger window to raise claims, resolving issues early can reduce the likelihood of tribunal action. 

Simply put, what you do today could come back to affect you six months later, so it pays to be proactive. 

What You Should Be Doing Now 

1. Review your dispute resolution processes - Make sure employees know how to raise issues informally and that managers are trained to handle them appropriately. 

2. Check your data retention practices - Keep track of correspondence, HR notes, and performance records. You may need to hold data for at least six months to respond to potential claims. 

3. Train managers - Give leaders the tools to spot issues early, manage conflicts sensitively, and document everything. 

4. Document consistently - Any notes on grievances, disciplinary actions, or performance concerns should be clear, factual, and easily accessible. 

Bottom Line 

Doubling the tribunal time limit may not feel like a seismic shift, but it gives employees more time to take action and increases your exposure if processes aren’t airtight. 

By tightening your internal procedures, keeping accurate records, and empowering managers to resolve disputes early, you can reduce the risk of claims and protect both your people and your business. 

Streetwise HR can help you review your processes, train managers, and put robust systems in place so you’re ready for  October 2026  and beyond.