Employment Rights Act 2025 introduces extended time limits to bring tribunal claims

This article looks at the upcoming extension of the time limit to bring a claim to the employment tribunal, forming part of our series of articles in which we are discussing the key changes and new provisions being introduced under the Employment Rights Act (ERA) 2025.

This change was influenced by the Labour government’s employment law reform programme in which the government had previously expressed its commitment to increase tribunal time limits in both the New Deal green paper and the Plan to Make Work Pay.

There are strict time limits within which a claim form must be presented to the employment tribunal. For most claims, this is three months from the date of the dismissal or act complained of (such as the date of a discriminatory act). There are some exceptions to this including claims for interim relief (which must be presented within seven days of termination) as well as equal pay claims and statutory redundancy pay claims (which are both subject to six month time limits with no general discretion to extend time).

Section 152 and Schedule 12 of the ERA 2025 will extend the primary time limit for bringing most types of claims in the employment tribunals from three months to six months (save excepted claims).

This change is expected to take effect on 1 October 2026, although please note that the new time limit will only apply to causes of action arising on or after that date.

Claims based on causes of action arising before 1 October 2026 will remain subject to the current applicable time limit. If a claim relates to a series of alleged acts/omissions, then it will be the last in the series that will be relevant to determining the limitation period to issue a claim.

Comment

Employers should note the effects of the extended time limits to bring a claim to the employment tribunal as they may face a longer period of uncertainty during which claims may be brought against them.

The increase could result in hearings being listed much later than the events giving rise to the claim, which may affect witnesses’ recall of events and impact the credibility of evidence. There is also a greater risk that key internal witnesses may no longer be employed at the point of any hearing which will add some complexity to employers’ ability to coordinate and present relevant evidence.

Employers can take steps to prepare by reviewing and extending their document retention policies to align with the new six-month limitation period, ensuring comprehensive and contemporaneous record-keeping practices (in part to mitigate the impact of delays on witness recall), considering cooperation provisions for exiting employees (as appropriate), and recognising that there will be additional time for alternative resolution methods, such as settlement discussions, before claims must be lodged to the Employment Tribunal.

It is also worth noting that this change sits alongside the temporary extension to the conciliation window available via Acas which doubled from 6 to 12 weeks for any case notified to Acas for early conciliation on or after 1 December 2025 (although this is due to be reviewed in October 2026). As a result, employers will likely already have experienced the uncertainty of longer windows for the various pre-claim stages, which are only set to extend further.

How we can help

To discuss how these changes may affect your organisation or to obtain advice, please get in touch with tom.clarke@collingwoodlegal.com. Our specialists are on hand to help you prepare with confidence.

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