New six-month timeframe takes effect from October 1st, 2026, for most claims.
Holmes Mackillop Solicitors is urging employers to seek early advice on potential claims and explore resolutions, as the period for employees to proceed with claims in an Employment Tribunal is being extended. From 1 October 2026, the period lengthens from three months to six for most claims, including discrimination and unfair dismissal. For breach of employment contract claims, the six-month period will commence on 9 November 2026.
The UK Government has stated its hope that this change will provide employers and employees with more time to resolve disputes. This extension follows an increase in the ACAS early conciliation period last December, which can now last up to 12 weeks, up from the previous six weeks, allowing ACAS to assist in resolving disputes without tribunal proceedings.
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John Di Paola, senior associate at Holmes Mackillop, commented that, on the face of it, the longer period may improve access to justice for employees, who sometimes face pressure to act quickly during stressful times. He said: “Time will tell as to whether this will lead to more claims being resolved internally, which may be beneficial for both employers and employees.”
Employers will need to update handbooks and policy documents to reflect these changes and should be mindful of the lengthier period employees have to make claims. This comes after a surge in Employment Tribunal claims, with Artificial Intelligence cited as a key reason. In June 2026, the UK Ministry of Justice’s annual tribunal statistics revealed a 39% increase in claims against employers, likely leading to increased legal costs and longer resolution times for employers. Di Paola said: “As a result, seeking early advice on potential claims and exploring resolutions remains a priority for employers.”
