Employment Tribunal Time Limits Have Doubled: What UK SMEs Need to Do Now

Since 1 October 2026, employment tribunal time limits have doubled: employees have twice as long to bring most claims. The standard time limit for claims such as unfair dismissal and discrimination has increased from three months to six months under the Employment Rights Act 2025.

That doesn’t make weak claims stronger. But it does mean disputes stay “live” for longer, and employers need the records to explain decisions made many months earlier.

What are tribunal time limits?

A time limit (or limitation period) is the deadline for an employee to bring a claim to an employment tribunal, usually counted from the date of the act complained of, such as a dismissal. Claims brought late can be struck out at a preliminary stage.

What has changed in tribunal time limits?

• The new limit: six months for most tribunal claims, including unfair dismissal and discrimination (Employment Rights Act 2025, section 152 and Schedule 12).
• When it applies: where the act, dismissal or failure complained of happens on or after 1 October 2026. Earlier events stay under the old three-month limit.
• A series of acts: the clock generally runs from the last act in the series.
• Scotland: for breach of contract claims, the six-month limit applies from 9 November 2026.
• What hasn’t changed: claimants still normally need to notify Acas before lodging a claim, and internal grievance or appeal processes don’t pause the statutory clock.

Why it matters for SMEs

Fewer claims will now fall away simply because they’re out of time. An employee who leaves in October could still be weighing up a claim the following spring, by which point managers may have moved on, memories have faded and emails are harder to find.

It also comes ahead of further changes. From January 2027, the qualifying period for ordinary unfair dismissal is due to fall from two years to six months, and the cap on compensatory awards is due to be removed. More decisions will be open to challenge, for longer.

Five steps to reduce your tribunal risk

1. Record decisions as you make them

Tribunals look at what you knew, what you did and why. Keep clear notes of investigations, performance meetings, disciplinary outcomes, reasonable adjustment requests and dismissal reasons, so you don’t have to rely on someone’s memory months later.

2. Check your retention schedule

Make sure HR records, investigation files and key correspondence aren’t routinely deleted while a claim could still realistically be brought. Six months plus Acas conciliation is a sensible minimum to plan around.

3. Don’t let grievances drift

The extra time is an opportunity to resolve problems internally, not breathing space. A grievance that can be dealt with in weeks shouldn’t take months. Treat complaints involving discrimination, harassment, whistleblowing, disability or retaliation as higher risk and escalate them.

4. Train line managers to spot risk

Many claims start with an everyday management decision: a rushed dismissal, an ignored adjustment request, a defensive reply to a complaint. Managers need to know when to pause and involve HR.

5. Review probation and dismissal processes now

With the unfair dismissal qualifying period due to shorten in January 2027, now is the time to tighten up probation reviews, performance processes and exit decisions.

Frequently asked questions

Does the six-month limit apply to everything that happened before 1 October?

No. It applies where the relevant act or dismissal happened on or after 1 October 2026. Earlier events keep the three-month limit.

Does a grievance or appeal stop the clock?

No. Internal procedures don’t pause the statutory time limit.

Does this mean more claims?

Longer tribunal time limits probably mean more claims will be heard on their merits rather than dismissed as late. Good records and early resolution are the best defence.

How PeopleFirstHR can help

Two things make the biggest difference: managers who know when a decision carries legal risk, and records that show what happened. PeopleFirstHR Limited supplies Astute eLearning by VinciWorks, including Employment Rights Act, disciplinary and grievance, and discrimination courses for managers, with completion tracking built in.

Need a single, secure place for HR records and case notes as well? Ask us about YouManageHR.

Book a 20-minute Astute demo with PeopleFirstHR.