The government is amending the Employment Rights Bill to extend the time limit for bringing tribunal claims from three months to six months.
Currently, most tribunal claims—including those related to dismissal, discrimination, and unlawful wage deductions—must be filed within three months of the incident in question.
Calls for reform in this area have been ongoing, with Labour’s ‘Plan to Make Work Pay’ earlier this year including a pledge to increase tribunal time limits.
The subsequent publication of the Employment Rights Bill, while initially silent on this issue, was accompanied by the ‘Next Steps’ document. This document explicitly stated, “measures to extend the time limit for bringing claims to Employment Tribunals will also be added via amendment.”
These changes have now been confirmed through amendments to the Bill. The government plans to extend the time limit to six months for all types of tribunal claims, including discrimination and unfair dismissal.
While the extended timeframe may be beneficial in some cases—such as when grievances or negotiations require more time to resolve—it could also lead to increased uncertainty and a higher volume of claims. Without additional funding or resources, this surge in claims is likely to put further strain on the already overstretched tribunal system, resulting in longer delays.
Employers should consider revisiting their data retention policies, particularly those aligned with the current three-month time limit, to ensure readiness for this change.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
