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Time limits for employment tribunal claims in 2026
Published 20 April 2026
Time limits for employment tribunal claims in 2026
The world of work can be far from ideal, and things can go badly wrong. But if it ever reaches the point where you need to take legal action against an employer, there is one vital deadline you simply cannot afford to miss. Any work‑related dispute that cannot be resolved internally may end up at an employment tribunal. The tribunal is a special, independent type court that settles disputes between employees and employers regarding workplace rights (1) [cited 20.4.26] And the very start of that process, deciding when to submit your claim, is crucial. The deadline for doing so is strict and not knowing it, ignoring it, or missing it, could be disastrous for your case. This needs to know guide takes a closer look at the process.
The quick answer regarding time limits
If you wish to submit an employment tribunal claim, the current standard time limit is three months less one day from the act you are complaining about. This applies to claims such as unfair dismissal, all forms of discrimination, whistleblowing, unlawful deduction of wages and most other types of claims. The deadline can, however, be paused through ACAS Early Conciliation, which may extend the overall time limit. You may have heard a lot about the Employment Rights Act 2025 (ERA) and the current and upcoming changes to employment law, but at present it does not change the tribunal time limits. As with most things, there are exceptions. Some claims, such as equal pay or statutory redundancy pay, or unfair dismissal claims related to strike action have a six‑month less one day time limit.
Time limits for any claim are strict. Extensions are rare and usually only granted in limited and exceptional circumstances.
ACAS Early Conciliation
Before you can make any employment tribunal claim, you will have to go through ACAS Early Conciliation (2) [cited20.4.26] It is a fairly short process where ACAS tries to help you to sort out the problem without going to a tribunal. You tell ACAS what the issue is, they contact your employer and they see if both sides are willing to talk.
If not, or if talks don’t lead anywhere, ACAS gives you a certificate so you can move forward with your claim. The process pauses the time limit.
Here’s how it works:
- You contact ACAS before your deadline expires.
- ACAS issues an Early Conciliation Certificate when the process ends.
- Your time limit is extended by the length of the conciliation period.
Some claims with longer time limits, which you should be aware of
The fact that some claims have different time limits can catch people out. You currently have six months minus one day for:
- Statutory redundancy pay claims.
- Equal pay claims.
- Unfair dismissal claims related to strike action.
- Certain claims made against a trade union.
- Certain claims if you're a member of the armed forces.
So while most claims follow the three‑month rule, it’s important to check the specific category.
Will ERA change employment tribunal time limits?
It’s a very good and understandable question, especially given the changes introduced by the new legislation.
The ERA brings in significant employment law reforms, so it’s completely reasonable to ask whether it will affect tribunal time limits. But the short answer is no, not at present.
The importance of time limits
Employment Tribunal time limits are extremely strict. If you do miss the deadline for your particular claim, the likelihood is that it will be rejected, no matter how strong it is. It’s only in exceptional and very limited circumstances that a tribunal may extend the deadline (3) [cited 20.4.26 :
For unfair dismissal:
The test is whether it was “not reasonably practicable” to bring the claim in time.
For discrimination:
The test is whether it is “just and equitable” to extend time.
Because the tests are applied very narrowly and most late claims fail, meeting the submission deadline for any specific claim is absolutely essential.
Just so you’re clear on time limits
Employment matters can be confusing and people can certainly get perplexed by time limits for three main reasons:
- ERA sounds like it might change everything
It doesn’t, at least not at present in this area.
- ACAS Early Conciliation complicates the calculation
People often assume the process gives them an extra three months.
It doesn’t. It simply pauses the clock.
- Discrimination claims can involve a “continuing act”
This can extend the time limit, but only if the behaviour forms a single ongoing pattern.
A five-point guide on how to calculate your deadline
Breaking it down this is the easiest way to work it out:
Step 1: Identify the date of the act
- Dismissal date.
- Date of discrimination.
- Date of wage deduction.
- Date of detriment.
Step 2: Count forward three months
Then subtract one day.
Step 3: Check when you contacted ACAS
This pauses the clock.
Step 4: Add the ACAS conciliation period
The certificate will show the dates.
Step 5: Confirm the final deadline
This is the date your ET1 must be submitted (4) [cited 20.4.26].
If you have any doubt whatsoever, assume the earliest possible deadline, and not the latest.
Will time limits change in the future?
Who knows, it’s possible. The Employment Rights Bill aims to give employees more time to bring claims forward. Under the proposed changes, the time limit for most tribunal claims will be extended from three months to six months (5) [cited 20.4.26]. The Bill needs to gain Royal Assent before it becomes law.
Support and reasons for a change vary. It has been said by legal experts three months is too short, discrimination claims need more time, ACAS Early Conciliation complicates things and modern workplaces create more complex disputes
Summing up key FAQs (because everyone asks these)
Q: Does ERA 2025 extend the time limit for unfair dismissal?
No it does not at present. It remains at three months less one day.
Q: Does ACAS Early Conciliation give me an extra three months?
No it does not. It is a required process but it simply pauses the clock and it does not reset it.
Q: Can I bring a claim late if I was unwell?
It is always best to submit a claim on time but illness is, of course, unavoidable and could mean you miss the deadline to do so. In such circumstances you may be able to do it late, but only if the tribunal accepts the reason. The bar is very high.
Q: What if the discrimination happened over a long period?
It is often the case that discrimination occurs over a prolonged period and is not reported immediately. You may be able to argue it was a continuing act, which can extend the time limit.
Q: Does ERA 2025 change discrimination time limits?
No. Similar to unfair dismissal, it currently remains at three months less one day.
Q: Does my employer have to tell me the deadline?
No, and it certainly has nothing to gain by informing you of it. The responsibility is on you.
Finally
As things stand employment tribunal time limits currently remain exactly the same as they have been for many years:
- Three months minus one day for most claims.
- Six months for some.
- ACAS Early Conciliation pauses the clock.
- Extensions are rare.
- ERA does not at present change any of this.
The rules are strict, the deadlines are short, and the consequences of missing them can be serious.
Understanding the time limits, and acting early, is the best way to protect your position.
