Employment tribunal time limits from 1 October 2026: 3 or 6 months?

What changed on 1 October 2026

Since 1 October 2026, the time limit for most employment tribunal claims is 6 months instead of 3 ERA 2025, s.152 and Sch. 12. The change applies in England, Wales and Scotland. It covers, for example, unfair dismissal ERA 1996, s.111(2) and unpaid wages or holiday pay s.23(2).

The limit includes the starting date. Acas explains how to count it: add 6 calendar months, then take off 1 day. That is why it is often written “6 months minus 1 day”.

This is one of several changes made by the Employment Rights Act 2025. The Employment Rights Act 2025 guide lists the others, including the 6-month qualifying period for unfair dismissal from 1 January 2027.

3 or 6 months? It depends on when the problem happened

The longer limit does not reach back. It applies only where the starting date (the “relevant date”) is on or after 1 October 2026. If it is earlier, the old 3-month limit still applies SI 2026/954, reg. 4.

Starting date	Limit	Example: last day
Dismissal effective 30 September 2026	3 months minus 1 day	29 December 2026
Dismissal effective 1 October 2026	6 months minus 1 day	31 March 2027

One day’s difference at the start makes three months’ difference at the end. Check your date carefully.

Which date starts the clock?

It depends on the type of claim.

Claim	Starting date
Unfair dismissal	The effective date of termination, usually your last day of employment
Unpaid wages or holiday pay (unlawful deductions)	The date of the payment that was short, or the last one in a series s.23(3)
Discrimination	The date of the act, or the end of conduct that went on over a period
Unpaid notice and other breach of contract	The date the contract ended
Statutory redundancy pay	Your leaving date (a separate rule, below)

For unpaid wages or holiday pay, the tribunal cannot look at deductions from pay dated more than 2 years before the claim s.23(4A).

Scotland: unpaid notice and other breach of contract

For breach of contract claims, such as notice pay that was never paid, the start date of the new rule is different in Scotland. business.gov.uk and Acas say the 6-month limit applies where the contract ended:

• on or after 1 October 2026 in England and Wales SI 2026/759, art. 3;
• on or after 9 November 2026 in Scotland.

So a contract that ended on 20 October 2026 gives two different last days for an unpaid notice claim:

Where	Limit	Last day
England or Wales	6 months minus 1 day	19 April 2027
Scotland	3 months minus 1 day	19 January 2027

The Scottish change is made by a separate Scottish order. We have not read its final text, only business.gov.uk, Acas and the Scottish Parliament’s report on the draft. If your contract ended in Scotland around 9 November 2026, work to the earlier, 3-month date. The pay in lieu of notice guide explains how much notice pay is due.

Redundancy pay: a different rule

Statutory redundancy pay was already on a 6-month rule. You keep the right if, within 6 months of your leaving date, you make a written claim to your employer, or refer it to a tribunal, or one of the other steps in the law happens s.164(1).

At the end of a month, the counting needs care. Take a leaving date of 31 August 2026. Adding 6 calendar months gives 28 February 2027, as there is no 31 February. Taking off 1 day, as Acas does, gives 27 February 2027. Some count it as 28 February. We use the earlier date: the written claim should reach the employer by 27 February 2027. Send it well before.

The law is less clear on how long you then have to go to a tribunal if your employer still does not pay. Act early. The redundancy pay guide explains the amount, and the redundancy pay calculator gives it with this date.

How Acas early conciliation affects the deadline

Before almost any tribunal claim, you must notify Acas. You can do it online or by phone on 0300 123 1122. You must do it within the time limit. Early conciliation can last up to 12 weeks, and you and your employer can choose whether to take part.

The Acas early conciliation guide explains each step of the process. The law then adjusts the deadline s.207B:

• Day A is the day you contact Acas. Day B is the day you receive the Acas certificate.
• The days from the day after Day A up to Day B do not count. Your limit moves later by that number of days.
• If the limit would end in the period from Day A to one month after Day B, it moves to the end of that month instead. Acas puts it simply: you will have at least 1 month from the date you received the certificate.

Example. Dismissal effective 15 October 2026. The last day, before any extension, is 14 April 2027. That is also the last day to contact Acas. The calculator suggests doing it by 7 April 2027, to leave a margin.

Say you contact Acas on 10 January 2027 and receive the certificate on 20 February 2027. The 41 days from 11 January to 20 February are added: the new last day is 25 May 2027. That is later than one month after Day B (20 March 2027), so it stays at 25 May. The calculator suggests making the claim online by 18 May 2027.

Example with the one-month rule. A short final payment on 10 August 2026 (before the change, so 3 months) gives a last day of 9 November 2026. Acas is contacted on 2 November and the certificate arrives on 5 November. Adding 3 days gives 12 November, which falls within a month of Day B. The last day becomes 5 December 2026.

Too late for Acas. A short final payment on 25 September 2026 gives a last day of 24 December 2026. If Acas is first contacted on 5 January 2027, there is no extension: the limit has already passed.

A grievance does not stop the clock

Raising a grievance with your employer is often a good step: Acas says a tribunal will usually expect you to have tried to resolve the problem yourself. But it does not pause the time limit. Acas says this clearly: raising the problem with your employer first does not change the time limits.

If your grievance is still open and your limit is getting close, you can contact Acas at the same time. Do not wait for the outcome, or for an appeal. The grievance letter guide gives a dated example.

Why some pages still say 3 months

On 19 October 2026, some Acas pages still say you “might only have 3 months minus 1 day”, for example the page on how early conciliation works. That is still true for problems that happened before 1 October 2026, and in Northern Ireland. For most later problems in Great Britain, the law now says 6 months. Acas’s own page on employment tribunal time limits, updated on 1 October 2026, gives both rules.

If you are not sure which limit applies, or which date starts the clock, work to the shortest reading and act early. Only an employment tribunal can decide whether a claim is in time. It can sometimes accept a late claim, but only in limited cases, and you should never plan on it.

Northern Ireland

Northern Ireland has its own system. Most claims there still have a 3-month limit, conciliation is with the Labour Relations Agency, not Acas, and claims go to an industrial tribunal. The 6-month change applies there to only a few types of claim. This guide does not cover Northern Ireland.

What to do now

1. Work out your dates, free. The time limit calculator applies the 3- or 6-month rule, the Scottish date and the Acas extension. It shows the last day and a suggested earlier date, and offers a free email reminder before each one.
2. Put your claim in writing. If money is owed, a written claim to your employer can set out what is due: the redundancy pay claim letter or the final pay claim letter, which you prepare yourself (£9, or £19 with a follow-up letter and reminders).
3. Prepare for Acas. A free Acas preparation sheet lists what Acas will ask: your details, your employer’s exact legal name and address, and your dates. Once you have the certificate, a free ET1 preparation sheet maps your details to the form. Acas, Citizens Advice, a trade union or a solicitor can also help you.