Workers Now Have Twice as Long to Take Their Employer to Tribunal – Daily Business

For decades, the most important number in employment law was three. An employee who believed they had been unfairly dismissed, discriminated against or underpaid had three months, less a day, to start a claim. Miss it, and the case was usually over before it began.

Since 1 October that number has been six. The change, brought in under the Employment Rights Act 2025, received far less attention than the headline reforms on sick pay and unfair dismissal, yet it may shape more workplace disputes than any of them. It applies across Great Britain, and in Scotland the six-month limit extends to breach of contract claims from 9 November.

Why Three Months Was Never Enough

Anyone who has lost a job or left one under a cloud will recognise the problem. The first weeks are taken up with finding new work, sorting finances and, often, simply getting over the shock. Internal grievance and appeal processes can drag on. By the time someone has worked out that they may have a case, a good part of the window has gone.

The old limit also worked against early, sensible settlement. With the clock running, employees and their advisers often felt pushed to lodge a claim quickly to protect their position, even when a negotiated exit might have been possible with a little more time. Tribunals do have discretion to hear late claims, but the tests are strict, and relying on them was always a gamble.

What Has Actually Changed

For most claims, including unfair dismissal, discrimination, unlawful deductions from wages and whistleblowing detriment, the time limit has doubled to six months. It applies where the act being complained about happened on or after 1 October 2026. If the problem started earlier, the old three-month limit may still apply, which is a trap worth knowing about for anyone already in a dispute.

Early conciliation through Acas remains a required first step for most claims and can still extend the deadline while talks take place. What changes is the breathing space around it.

More Reforms Arriving Behind It

The longer time limit is one part of a wider shift. On 30 October, employers will need to take “all reasonable steps” to prevent sexual harassment, a tougher standard than before, and will face liability for harassment by customers and clients unless they can show they did so. From 1 January 2027, the qualifying period for unfair dismissal falls from two years to six months, the cap on unfair dismissal compensation is removed, and most cases of dismissing staff to rehire them on worse terms will be automatically unfair.

Taken together, the reforms mean far more people will be able to bring a claim, will have longer to do so, and in some cases could recover considerably more. Earlier changes are already in place: statutory sick pay has been payable from the first day of illness since April, and paternity leave became a day-one right at the same time.

What It Means for Employees

The extra time is valuable, but it is not a reason to sit on a problem. Evidence fades, memories blur, and colleagues move on. Emails, messages, payslips and notes of meetings are far easier to gather in the first few weeks than six months later. Anyone who thinks they have been treated unfairly should write down what happened while it is fresh and keep copies of anything relevant.

It also pays to understand where you stand before signing anything. Settlement agreements, which employers often offer at the point of exit, waive the right to bring most claims, and an employee must take independent legal advice for one to be valid. Getting specialist employment advice as an employee early on can make clear whether an offer is fair, whether there is a stronger claim underneath it, and which deadline actually applies.

What It Means for Employers

For businesses, the change lengthens the period of uncertainty after a dismissal or a difficult grievance. A decision taken in October could now become a claim in April. That puts more weight on keeping good records, following fair procedures and documenting the reasons for decisions at the time they are made.

Many employment lawyers expect the longer window to lead to more claims overall, particularly once the unfair dismissal qualifying period drops in January. Firms that review their policies, train managers and resolve grievances properly now will be in a far better position than those that wait for the first claim to land.

Three months was a short fuse for everyone involved. Six gives both sides more room to talk, which, handled well, could mean fewer disputes ending up in front of a judge at all.