Employment Tribunal Time Limits

What are Employment Tribunal Time Limits?

For the large majority of complaints, employees are required to make any relevant claim in the Employment Tribunal within 3 months (less 1 day) of the issue arising. If the claim has not been brought within that period, the Employment Tribunal will not have jurisdiction to consider the complaint unless the employee is able to demonstrate that it falls within certain exceptions. These exceptions should not be taken for granted and it is not uncommon for claims to be struck out because claimants are unable to show that it was not reasonably practicable for them to have brought the complaint in time (the first part of the test for extending time for many complaints).

In an arena where claimants are not required to pay an issue fee on making a claim and businesses are unlikely to recover the costs associated with defending themselves, the time limits provide some safeguard for businesses who may otherwise face an unrestricted risk of litigation in respect of anyone they have ever employed.

However, the 3 month time limit commonly provides problems for workers, particularly those who are not aware of the requirements. By way of example, a worker may consider that they have not received a promotion because they had previously blown the whistle on inadequate health and safety procedures in the business. When factoring in the time that may be used up by initially raising a complaint and then going through internal processes such as a grievance and appeal, an employee may find themselves beyond the 3-month time limit before they even consider reaching out for legal advice. Ignorance of the time limits is unlikely to be enough to get around the strict requirements.

Reform

No earlier than October 2026: The Employment Rights Act 2025 will increase the time limit within which employees are able to make an Employment Tribunal claim from 3 months to 6 months, except for breach of contract claims arising or outstanding on termination of employment. The Government’s updated timeline confirms that this will take effect “no earlier than October 2026”.

What does this mean?

The increase to 6 months will allow employees more time to consider their position and bring a claim against their employer.

Employers may experience a higher number of complaints being brought against them. It would be advisable to consider what this means for record-keeping practices in respect of grievance and disciplinary processes, and whether the length of time for which records are kept should be extended. However, it will also extend the time available for resolving disputes before a claimant has to submit a claim.

It may also mean that final hearings are scheduled for a long time after the claimant’s employment has ended and this may impact witness evidence as memories fade and witnesses may move on to new employment.

If you would like to discuss anything related to the Employment Tribunal Time Limits, or indeed anything to do with the Employment Rights Act, please contact a member of the Employment team.

To find out what other aspects of employment law are affected by the Employment Rights Act, read our blog “The Employment Rights Act – When to expect change”.

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