From 1st October 2026, claimants have 6 months to bring a tribunal claim. On top of that, ACAS early conciliation ‘stops the clock’ on the time limit for up to 12 weeks (the period was extended to 12 weeks in December 2025).
Previously, the deadline was 3 months – quite tight when claimants were often searching for a new role, concerned about their financial resources, or dealing with the emotional impact of the events. Many claimants were simply unaware of the deadline and missed out on claims due to a lack of urgency.
According to impact assessments, the increase could lead to a 5% increase in case numbers as these issues are removed. That amounts to an additional 6250 early conciliation cases, 2100 which are likely to become formal tribunal claims.
What should employers be aware of, and how can they adjust to this new system?
Be clear which cases this affects
The change applies to claims where the relevant events, or at least the last incident, happen on or after 1st October 2026. If a claim is based on incidents from September or before, it is still subject to the three-month limit - even if the claim form is submitted after October 1st.
This puts particular importance on establishing timelines and precise dates. Whether something happened on 30th September or 1st October now makes a significant difference to deadlines. Establishing precise dates early on could save both parties time and legal costs in arguing a claim that turns out to be out of time.
Use the time to try and resolve the matter
The longer time limit reduces the time pressure on making a formal claim and gives both parties more time to try and resolve the issue outside of the tribunal.
Previously, claimants might rush informal discussions, or skip them altogether, to ensure they had time to file a well-presented claim. Sometimes, they would be holding discussions alongside preparing a case, attempting to negotiate settlement while in the back of their mind also preparing a claim as back up.
Now, parties can try to resolve the matter but still have time to work on their claim if discussions fail. With more time, both parties can approach negotiations with a calmer, more conciliatory mindset. It is sensible for employers to make the most of this time by investigating the issues raised, understanding the claimant’s perspective and attempting to resolve the dispute.
Preserve evidence
When employers have an inkling they might receive a claim, they spend a few months on guard waiting for formal proceedings. This will now be a longer wait - once you factor in ACAS early conciliation and tribunal delays, it could be nearer a year before employers can relax. During this wait, employers need to hold on to records relating to such incidents for longer than before. Be sure to keep records of the processes you followed and how decisions were made, for at least a year.
Even worse, some claims arrive entirely out of the blue, with no warning to hold on to evidence. So, it is sensible to keep records of all HR processes and decisions for at least a year, before deciding which can be removed. You might need to update your data policies to reflect this, and update IT systems that automatically overwrite records.
The extended deadline, combined with delays in the tribunal, could mean a long delay before a tribunal hearing. This could cause problems for witnesses remembering events, or even having moved on from your organisation before the hearing. Comprehensive records are vital to help prompt memories and evidence actions. You might also consider contract terms that require staff to engage with any relevant litigation after they have left the company.
While the change may lead to an increase in claims, it could also help employers by providing more time to resolve disputes. Get in touch for help resolving disputes or defending claims.
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