Section 152 and Schedule 12 of the Employment Rights Act 2025 (ERA 2025) will increase the primary time limit to bring most employment tribunal claims from three to six months.
Commencement regulations for Schedule 12 have not yet been published but we believe the Government is likely to bring it into force on the same date.
Some claims were omitted from Schedule 12, for reasons which are unclear, and the Government has since published regulations to increase the time limits in those claims which include breach of contract claims, part-time worker claims and fixed-term employee claims.
In total three statutory instruments have been laid before Parliament to extend the time limits for ET claims.
- The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026 (which deals with the right to request time off for studying or training)
We were previously told that the extension of time limits would be effective “no earlier than October 2026” but it has now been confirmed that the effective date will be 1 October 2026.
Where the relevant date for a claim falls on or after 1 October 2026 the new time limits will apply. The relevant date is the date of the less favourable treatment, detriment or other infringement (such as a discriminatory act). A dismissal taking place on or after 1 October 2926 will come under the new rules. There the claimant in a case is relying on a series of infringements the relevant date will be the last in the series and again if it happens on or after 1 October the new six-month time limit will apply to the claim.
All claims relating to events arising wholly before 1 October 2026 will be subject to the existing three-month time limit.
The stated objective of this change in time limits is to allow the parties to a dispute more time to seek to settle claims. Will it deliver any change in practice in reality? Only time will tell.
This blog was written by Manuela de Castro, Senior Solicitor at didlaw.
