Holmes Mackillop urges employers to seek early advice on potential claims in light of Employment Tribunal Time Limit extension
Holmes Mackillop Solicitors is urging employers to seek early advice on potential claims and explore resolutions in light of the longer period in which employees may proceed with claims in an Employment Tribunal.
From tomorrow (01.10.26), that period is extended from three months to six and will apply to most claims, including discrimination and unfair dismissal. The six-month period for breach of employment contract claims will commence on 9th November 2026.
The UK Government has said it hopes this will give employers and employees more time to resolve disputes. The extension follows an increase in the ACAS early conciliation period which took place last December. This is a period in which ACAS can help employers and employees to resolve disputes without the need for tribunal proceedings.
During this period, the time limit for making the employment tribunal claim is stopped. The conciliation period can now last up to 12 weeks, when this was previously six weeks.
John Di Paola, senior associate at Holmes Mackillop, said that, on the face of it, the longer period in which employees may proceed with claims in an Employment Tribunal may improve access to justice for employees, who have sometimes had to move quickly at what is a stressful time for them.
“Time will tell as to whether this will lead to more claims being resolved internally, which may be beneficial for both employers and employees,” he said.
“Employers will need to update handbooks and policy documents to reflect the changes and they should also be mindful of the lengthier period employees will have to make their claims, when there has already been a surge in claims in the Employment Tribunal, with Artificial Intelligence being cited as a key reason for this.
“In June 2026, when the UK Ministry of Justice published its annual tribunal statistics, a noteworthy figure was a 39% increase in claims against employers, with likely consequences being increased legal costs for employers and lengthier periods for claims to reach resolution.
“As a result, seeking early advice on potential claims and exploring resolutions remains a priority for employers.”
ENDS
For further information please contact John Di Paola tel 0141 226 4942