Extension of Employment Tribunal Time Limits

Although time is paused during Acas Early Conciliation (EC), the short limitation period has been widely criticised. Claimants often have to act during highly stressful periods and before they can properly seek advice or gather evidence.

Under the Employment Rights Act 2025, the time limit for most ET claims will increase to 6 months. However, the time limit for breach of contract claims will remain at 3 months. It is anticipate that this change will take effect in October 2026.

Changes have also been made to the length of the Early Conciliation period/ For notifications submitted to ACAS after 1 December 2025, the Early Conciliation has been extended to up to 6 weeks – previously up to 6 weeks was allowed for conciliation,

This reform is aimed at addressing concerns that short time limits placed claimants in complex cases (such as those relating to discrimination) at a disadvantage. It is also designed to prevent employers from “running down the clock” by failing to deal with appeals in a timely manner.

It is also hoped that the changes will help prevent the current backlog in the Tribunal system from growing – allowing a longer time period for claims to be presented may prevent employees from having to issue claims prematurely to protect their position.

This change will be welcomed by employees, however even with the longer time limit, steps should be taken at the earliest opportunity to start gathering evidence before memories fade or documents are lost. Taking advice from an expert solicitor promptly can help you to build a stronger case.

Esther Marshall

Member