There are strict time limits within which a claim form ET1 must be presented to the employment tribunal. For most claims and up to an including 30 September 2026 the time limit is three months from the date of the act complained of (a dismissal, discriminatory act, etc).
Section 152 of the Employment Rights Act 2025 together with Schedule 12 extends the time limit for bringing most employment tribunal claims from three months to six months.
With effect from 1 October 2026 the primary time limit increases to 6 months.
Note that breach of contract claims must be brought within 3 months (minus one day) even on or after 1 October 2026. It is anticipated that Regulations will follow to bring this into line with other types of claim but it is not yet law.
This change to the primary time limit applies only for claims where the effective date of termination (EDT), discriminatory act or other relevant act falls on or after 1 October 2026. For all claims with EDTs and acts falling before 1 October the time limit remains 3 months.
A claim must be made via the form ET1 within 3 months minus one day or from 1 October 2026 within 6 months minus one day. Given the obligation to undergo mandatory Acas early conciliation this means that you must commence Acas early conciliation before the primary time limit expires. The early conciliation period pauses the time limits.
The aim of the legislation is to allow more time to resolve disputes and remove the need for parties to litigate. Only time will tell if this will have any impact.
The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 (SI 2026/758) and the Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026 (SI 2026/759) have been made to bring this change into force.
