From 1 October 2026, the usual deadline for bringing most employment tribunal claims in Great Britain increases from three months minus one day to six months minus one day. The new period applies where the time limit starts on or after 1 October. It gives many employees more time to consider a claim, while making prompt, well documented responses even more valuable for employers. Acas explains the new rule and transition.
For health and social care providers, the change is a timely reason to review how concerns are received, investigated and recorded. A dispute may involve a rota, a late payment, an allegation of discrimination or a dismissal. The longer window does not make every complaint a tribunal claim. It does mean that records and witnesses may need to be found months after the event.
What changes on 1 October 2026?
Before the change, most claims have a three-month-minus-one-day primary time limit. From 1 October, most of those claims move to six months minus one day. Examples include many unfair dismissal, discrimination and unlawful deduction claims. Some types of claim already have a six-month period, including equal pay and statutory redundancy pay, while some special remedies have much shorter deadlines. The exact limit depends on the legal claim and its relevant date. Acas’s time-limit guide identifies the common exceptions.
For breach of employment contract claims in England and Wales, the six-month change also begins on 1 October 2026. For such claims in Scotland, the government says the date is 9 November 2026. The new rule does not simply reopen a deadline that began before October. The commencement regulations say the amendments do not apply where the relevant date was before 1 October 2026. Government implementation timeline; commencement regulations.
That distinction matters when a dispute spans September and October. A claim based on one September incident is different from an allegation of continuing discrimination with a later act in October. Managers should record dates accurately and avoid assuring anyone that a particular claim is in or out of time. The calculation can require legal advice.
When does the clock start?
There is no single start date for every type of claim. In many unfair dismissal cases it is the effective date of termination. For an incorrect wage payment, it is usually the date of the payment at issue. For a discrimination claim involving a series of acts, the last act included in the claim may be relevant. Acas notes that overlapping claims and repeated incidents make calculations more complex. See Acas’s examples.
Consider a care worker who reports a payroll shortfall. Record the date of the pay due, what the rota and payroll show, the reason for any correction, when the worker was told, and when the correction was made. If a complaint alleges repeated remarks on different shifts, record each incident separately rather than treating the whole issue as one undated event. These steps support a fair investigation whatever the eventual legal deadline.
Does a grievance or Acas early conciliation affect the deadline?
An internal grievance, disciplinary process or appeal does not itself extend the tribunal time limit. This is a point both employees and employers can miss when a complex investigation takes several weeks. A worker thinking of a claim generally needs to notify Acas within the relevant time limit. Where Acas is notified in time, early conciliation pauses the clock until that process ends; the eventual filing date needs a proper calculation. Acas’s guidance on limits and early conciliation.
A care provider should still investigate and try to resolve concerns internally. The longer tribunal period is an opportunity to give a considered response, not a reason to defer one. Set an achievable timetable, explain delays, keep the complainant updated, and document the outcome and any appeal. If a matter may become a claim, seek timely advice and preserve relevant material.
Why this matters for health and social care employers
Care services generate many time-sensitive records: shift allocations, visit logs, handovers, payroll adjustments, incident reports, supervision notes and messages. These can explain a decision months later, but only if they are accurate, accessible and handled appropriately. Workers may move between sites, supervisors may change, and agency colleagues may no longer be available by the time a formal dispute is raised.
The new law does not impose a universal 12- or 18-month retention period for every employment record. Set retention periods after considering employment, data-protection and sector duties and the specific purpose of each record. When a dispute is reasonably anticipated, take advice about preserving relevant evidence and suspending routine deletion where appropriate. Avoid retaining every message indefinitely on the assumption that more data is always safer.
A dated record is most useful when it captures what happened and why. If a shift was changed after a worker raised a concern, record the operational reason, who made the decision, whether alternatives were offered, and how the worker was told. If an allegation involves a service user, distinguish the worker’s account, other witnesses’ accounts, risk decisions and the outcome. Do not rewrite earlier notes to make them look contemporaneous.
A practical preparation checklist
- Map your complaint routes. Ensure workers know how to raise pay, conduct, discrimination and harassment issues, including an option outside their direct manager.
- Review investigation practice. Assign responsibility, record dates, interview relevant people promptly and give the employee a reasoned outcome.
- Check core records. Make sure rotas, timesheets, payroll, contract changes and decision letters can be retrieved securely.
- Review retention and preservation. Ask HR, legal and data-protection leads to reconcile schedules with the longer claims window and other legal duties.
- Train managers on dates. A manager should record the date of each alleged event and refer deadline questions to qualified advisers rather than calculate them casually.
- Keep grievance timelines realistic. Respond without unnecessary delay, including when a matter crosses the October implementation date.
- Audit repeat themes. Several complaints about one service, shift or manager may reveal a problem that needs a wider response.
These are management steps, not a promise that a claim can be prevented. Fair and prompt treatment improves the chance of resolving an issue and produces a clearer record if resolution is not possible.
Frequently asked questions
Does everyone now have six months to make a claim?
No. The change covers most claims whose time limit starts on or after 1 October 2026. Some claims have different rules or exceptionally short deadlines. Check the particular claim. Acas.
Does the new period apply to an incident in September 2026?
Generally, a time limit whose relevant date occurred before 1 October remains under the previous regime. Repeated conduct or multiple claims can make the answer less straightforward. Seek advice rather than assuming the date of the first complaint decides everything.
Does an internal grievance stop the tribunal clock?
No. A grievance or appeal does not change the deadline. Acas early conciliation can pause time when Acas is notified within the applicable limit. Acas.
What if the worker is still employed?
Employment can continue while a grievance or tribunal claim is considered. The relevant date depends on the alleged legal wrong; employment continuing does not automatically defer it.
Should care providers keep all records for 18 months?
There is no blanket 18-month rule created by this change. Review a lawful retention schedule and preserve material relevant to a live or reasonably anticipated dispute.
Is Scotland treated differently?
Most claims follow the 1 October change across Great Britain. The increase for breach of employment contract claims in Scotland starts on 9 November 2026. Government timeline.
Conclusion
The new employment tribunal time limits in 2026 give many claimants six months minus one day from the relevant date. For care providers, the strongest response is a dependable process: listen early, investigate fairly, record decisions accurately and preserve relevant evidence. If an individual deadline or claim is in question, obtain tailored employment law advice.
