Employment tribunal time limits

From 1 October 2026, most employment tribunal claims must be started within six months. Before that, the limit for most claims was three months less one day, which caught out a lot of people. The change came in through the Employment Rights Act 2025. For contract claims in Scotland, it takes effect on 9 November 2026. You must also contact ACAS for early conciliation before the time limit expires.

What the time limit is now

The government’s implementation timeline records the Employment Tribunal time limit rising from three to six months on 1 October 2026. It covers the claims that previously had the three-month limit, which is most of what people bring, including:

• unfair dismissal
• discrimination, harassment and victimisation under the Equality Act 2010
• unlawful deductions from wages, including unpaid holiday pay
• detriment for whistleblowing or for trade union activity
• breach of contract claims when employment has ended

Under the old rule, the limit was counted as three months less one day from the relevant date. If you were dismissed on 10 March, the last day to act was 9 June. The longer limit is counted from the same starting point, so you still need to work out the date carefully and not assume you have exactly six calendar months.

A few claim types had different limits even before the change, including some claims about redundancy pay and equal pay, which already allowed longer. ACAS can tell you which limit applies to your claim.

Which rule applies to you

The change is not retrospective in the simple sense: whether you get three months or six depends on the dates involved and on the transitional rules in the regulations. If the act you are complaining about happened before 1 October 2026, do not assume you have six months. Check with ACAS straight away and, if in doubt, work to the earlier date.

In Scotland, contract claims follow a later commencement date of 9 November 2026. Other claims in Scotland follow the 1 October date.

When the clock starts

The starting point depends on the claim:

• Dismissal: the effective date of termination, usually your last day of employment or the date notice ran out. If you were paid in lieu of notice, it is normally the day you were told the employment was ending.
• Unlawful deductions: the date of the deduction, or the last in a series of deductions.
• Discrimination: the date of the act. If there was conduct over a period, it can run from the end of that period.
• Detriment: the date of the act or failure, or the last of a series.

If you are complaining about several events, each one can have its own deadline. Write down the dates of everything that happened while you still remember them.

Early conciliation pauses the clock

You cannot submit most claims until you have an ACAS early conciliation certificate. Notifying ACAS stops the clock while conciliation goes on, and you then get extra time after the certificate is issued, so the deadline moves. The calculation depends on the dates on your certificate. Our guide to ACAS early conciliation explains the process.

Two points matter here. You must contact ACAS before the original time limit runs out, because notifying late does not revive a claim that has already expired. And once you have the certificate, submit the claim well before the new deadline.

Internal procedures do not stop the clock

Many public sector employers have long grievance, disciplinary and appeal processes. A dismissal appeal at an NHS trust or a council can take weeks to arrange. None of this pauses the tribunal time limit. You can, and often should, go through your employer’s grievance procedure while also contacting ACAS to protect your position.

The ACAS Code of Practice on disciplinary and grievance procedures still matters: a tribunal can adjust compensation by up to 25 per cent if either side unreasonably fails to follow it. Using the internal process and protecting the time limit are both possible at once.

Late claims

Tribunals have some power to accept late claims, but it is narrow:

• For most claims, including unfair dismissal and wages, you must show it was not reasonably practicable to claim in time and that you then claimed within a reasonable further period.
• For discrimination claims, the test is whether it is just and equitable to extend time. Tribunals have more discretion, but it is not given automatically.

Not knowing about the time limit, or waiting for an internal appeal, rarely counts as a good enough reason. Serious illness can, depending on the facts.

Getting help with dates

ACAS can explain which time limit applies and how early conciliation affects it. A trade union will usually check dates for members as soon as a dispute arises. If you were made redundant, our redundancy rights guide covers the claims that commonly follow. The changes are part of the wider Employment Rights Act 2025, which has more dates still to come.