Employment tribunal time limit changes

More changes are coming under the Employment Rights Act 2025. From 1st October 2026, the window for employment tribunal claims will double from three months to six months in England and Wales. For breach of employment contract claims in Scotland, the change will commence on 9th November 2026.

This move gives more time for an employee to seek legal advice and build a tribunal case, if a dispute can’t be resolved using workplace procedures and/or early conciliation.

An extra three months may not seem like a lot. But could you recollect and defend decisions made half a year ago with the same level of detail as if they happened last week?

A time stamped digital record is harder to argue with. When the changes to employment tribunal time limits come in, it’s going to be more important than ever to keep a record of the process you’ve followed.

What does good record keeping look like?

For disciplinaries and grievances, you should record your process and decision in detail. Record all evidence, statements, and follow ups to ensure the proper disciplinary process has been followed. 

A defensible record contains:

• Who was in a meeting

• What was discussed

• When the meeting took place

Keep this information in your HR software, and you can access it when you need it. You can also add read receipts for documents, so you can make sure everything has been received and read by your employee.

Why is the tribunal time limit changing?

The change gives employees longer to seek legal advice and build an employment tribunal case. This may lead to an even higher volume of tribunal claims and, in turn, a longer wait.

The backlog of employment tribunal cases is already growing, with the number of open tribunal claims reaching 531,000 by the end of March 2026. Some cases have even been scheduled for 2030. This puts pressure on the tribunal system. It also put pressure on employers and employees, who may have to wait years to have a case heard.

How to avoid an employment tribunal

Of course, the best way to avoid court is to avoid a tribunal claim entirely. Acas recently opened a consultation that emphasises informal approaches to grievances. Informal measures can help to resolve employment disputes, but you still need to have records that show you’ve followed procedures. And you need to have legally-compliant policies in place for your employees to refer to.

What is the cost of an employment tribunal?

There is no fee for filing an employment tribunal case, but both sides will need to pay for legal representation and preparation. Choose HR insurance with BrightHR Insure, and get support with your expenses during employment disputes. And you’ll be protected in unfair dismissal claims for up to £1 million.

UK employment tribunal decisions are made public, so as well as financial penalties, your business reputation and team morale may be impacted if you lose at tribunal.

You can get 24/7 employment law from the UK-based experts at BrightHR. Book a demo and find out how to get support with changes under the Employment Rights Act 2025.

Unfair dismissal qualifying period changing from two years to six months

Over half of new tribunal claims include an unfair dismissal compliant. And unfair dismissal qualifying periods are also changing under the Employment Rights Act 2025.

As of 1st January 2027, the minimum service required for an unfair dismissal will reduce to six months. And UK employment tribunal compensation limits for unfair dismissal will be uncapped from the same date. You can find out more about unfair dismissals changes in the BrightHR blog.