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Rules around claim windows for Scottish employment tribunals are changing. From 1 October, most workers in Scotland now have 6 months to bring employment tribunal claims against their employers, an increase from the previous 3 months. Holyrood is also moving to give breach-of-contract claims the same six months from 9 November, which gives staff more time to bring complaints.<\/p>\n
The change comes on the back of the Employment Rights Act 2025. Officials are struggling to keep up with the number of tribunals, with Ministry of Justice figures showing that 70,000 claims were waiting to be processed throughout Great Britain at the end of June.\u00a0<\/p>\n
For workers, these changes are good news because they have more time to consider their cases and bring them forward, but for employers, it makes the situation more challenging. It is likely going to mean more claims that take longer to resolve.<\/p>\n
Grapple Law, an AI-powered legal support platform (not a regulated law firm) involved with employment law AI, said the following:\u00a0<\/p>\n
\u201cUntil last week, most employees who wanted to claim unfair dismissal had three months to start the process. Now that the window has doubled, it gives people more freedom to get advice and speak to experts before going to tribunal. The six-month limit took effect on 1 October 2026, but problems that originated before that date still fall under the old three-month rule.\u201d<\/p>\n
In Scotland, the rules are slightly different when it comes to breach of contract claims. These actually fall under a separate Scottish order in an amendment that the Scottish Parliament laid out on 31 August. This also has a six-month limit, but it still needs to be approved by Parliament, and it will only take effect on 9 November. That means that there will be a few weeks\u2019 gap between how rules operate in England and Wales and how they operate in Scotland.<\/p>\n
While the rules might sound technical, they are being made mainly for practical reasons. Dismissed employees don\u2019t often have enough time to know what they need to do and how they will fight their case. Often, it takes a while to gather documents, seek advice, and think things over. In a lot of cases, some people won\u2019t go ahead, or others will change their mind, but only after the deadline has passed.<\/p>\n
The goal of the new rule changes is to strike a balance that\u2019s fair for both employees and employers. Employees get a little more time to launch tribunals, whereas employers have a fixed period of risk whenever they dismiss someone.<\/p>\n
The strained tribunal system<\/strong><\/p>\n On a more practical level, the rule changes are also a reflection of the strained tribunal system. In Q2 2026, employment tribunals received 14,000 claims, a 28% increase over the same quarter in 2025. During the same stretch of time, they only disposed of 6,100 single claims, meaning the rate at which they are getting through work is slowing. As a result, the open caseload is now 70,000 individual claims waiting for a hearing date. These numbers are large relative to historical trends, so allowing more time for the system to work is critical.<\/p>\n Why the longer window matters to employers<\/strong><\/p>\n While the benefits of a longer window are obvious for employees, they\u2019re not so clear-cut for employers. Ultimately, the ramifications of this window change need to be reflected in the risks that companies face on their books.<\/p>\n Grievances or dismissals that would previously have been closed after 3 months now need to stay open for half a year. For this reason, finance teams need to adjust their provisions for potential claims and ensure that their cash reserves cover longer windows. They will need to accept that claims could have a longer tail and run on for several more months than previously.<\/p>\n Furthermore, it changes businesses\u2019 data maintenance requirements. Finance teams now need to keep meeting notes, performance reviews, and emails so they have the evidence they need to defend themselves at tribunal and put their best foot forward.<\/p>\n Lastly, because employees have more time, they have longer to prepare their claims against employers. This could mean they are better prepared and more well-researched, although data will be needed to prove this over the coming months.<\/p>\n Claims are becoming easier to prepare<\/strong><\/p>\n There\u2019s also evidence that claims are becoming easier to prepare as employees and the legal industry learn the law.<\/p>\n \u201cWe\u2019re seeing a lot of clients coming to us with already well-prepared claims. AI tools are helping them describe problems in their own words and then put them into a format that tribunals will recognize. Legal professionals can also help further refine arguments and ensure that all documentation is in order.\u201d<\/p>\n Employers are already seeing changes in claims landing at their front office. Previously, grievances would come in the form of angry emails, but now they arrive as a sequence of well-planned letters from employment law professionals and solicitors. What\u2019s interesting about these communications is that they have a clear legal framework behind them, rather than simply being a complaint. They will often highlight evidence of poor employee treatment or next steps to take the case to a tribunal.<\/p>\n Employers therefore need to be careful about how they deal with these complaints. Even if they think they were AI-generated, they need systems in place to respond to them thoughtfully and reduce the risk of escalation. Many former employees will use any tools at their disposal to ensure they receive a better settlement from the company they left.<\/p>\n How boards and HR teams are responding<\/strong><\/p>\n Boards and HR teams are responding now to changes in the law by working on dealing with grievances and disciplinary matters fairly and quickly. They are becoming more aware of the importance of following the company handbook and acting in line with the ACAS Code of Practice.<\/p>\n Businesses need to be particularly careful about reviewing their harassment and training policies ahead of the new harassment duties that start on 30 October. Proper record-keeping in this area, while ensuring that they are taking every possible step to prevent harassment in the workplace, is critical.<\/p>\n \t <\/div>\n