Employment tribunal time limit: six months for new employers

What has changed

The time limit for bringing a claim to the Employment Tribunal has gone from 3 months to 6 months. GOV.UK's Employment Rights Act timeline update lists it under measures that took effect on 1 October 2026. For breach of employment contract claims in Scotland, the change takes effect on 9 November 2026.

The same page says all future dates remain subject to parliamentary processes and may change. So treat the Scottish date as firm for planning, but check the page again before you rely on it.

The page does not say how the change treats events before 1 October 2026, and it gives no deadlines for individual claims. Do not assume either way. If you have a live dispute, ask an employment solicitor or Acas which limit applies.

Why it matters to a first-time employer

A longer window means a former employee can raise a claim months later than before. Your paperwork has to hold up for longer. Memories fade, managers leave and email accounts get closed. A new employer with no HR function is the most exposed to that.

Many new employers are small. In Firstfile's count of the Companies House register, 16,032 new UK companies were incorporated (23–29 Oct 2026). After we removed shells, holding companies and formation-agent registrations, which made up 37.7% of new UK companies (23–29 Oct 2026), 9,988 new UK companies were left (23–29 Oct 2026). Not every one will hire, but a large share will take on a first employee within months.

Records to keep

The source does not give record keeping guidance, so this is our practical view, not a legal rule. Keep these for at least as long as a claim could be brought, and ideally longer:

• Signed contracts and any later changes.
• Offer letters and the right to work checks you carried out.
• Payslips, hours worked and holiday taken.
• Sickness and absence records.
• Notes of disciplinary, grievance and performance meetings, dated on the day.
• Emails or letters about dismissals, resignations and settlement talks.

Other dates to watch

The same GOV.UK page lists more changes. Employers must take all reasonable steps to prevent sexual harassment of their employees from 30 October 2026. From 1 January 2027, the unfair dismissal qualifying period drops to 6 months for dismissals from that date, and compensatory awards are uncapped. A new hire dismissed after six months could therefore bring a claim, and the longer window gives them more time to do it.

What it means for payroll and HR advisers

For advisers, this is a reason to talk to new clients early. Most first-time employers do not know the limit changed. Many also have thin records. In our data, 89% of the new companies we checked had no website we could find (23–29 Oct 2026). They are hard to reach by search, so outreach has to find them.

Among those, 4,342 new companies scored 60 or more for payroll & hr (23–29 Oct 2026). That is the pool most likely to need payroll set-up, contracts and a record system. See our page for payroll and HR providers for how we score them, and our data sources for where the numbers come from.

A sensible pitch

• Lead with the practical risk: records must stay usable for six months and beyond.
• Offer a simple starter pack: contract template, absence log, meeting note template.
• Mention the January 2027 qualifying period change, because it affects the first hires made now.
• Do not give legal advice you are not qualified to give. Point to a solicitor for claim questions.

What to do this week

1. Read the GOV.UK timeline and note which dates apply to you.
2. If you employ anyone, check that each person has a signed contract on file.
3. Set one place for HR records, with a named person responsible.
4. Write a retention rule and put it in your calendar for review.
5. If you are an adviser, pull a list of new employers in your area and contact the first twenty with a short, specific note. More guides are in our guides section.