Employee rights
How Long Do I Have to Make an Employment Tribunal Claim?
Employment tribunal deadlines changed in October 2026. Understand the transition, Scottish contract exception, early conciliation and why prompt advice matters.
Check the claim, relevant date and transition rules immediately
For most employment tribunal claims in Great Britain, the starting limit is six months less one day where the relevant problem happened on or after 1 October 2026. Earlier problems generally remain subject to the previous three-month-minus-one-day limit, with exceptions. Scottish tribunal breach-of-contract claims have a separate change date. Check your exact claim and dates with current guidance and an adviser.
These are starting rules, not a complete calculation for every situation. Early conciliation can affect the deadline, different claims can have different starting points and some urgent applications have much shorter limits. Do not assume that every workplace issue gives you six months from the day you decide to complain.
Problems before and from 1 October 2026
Acas distinguishes problems before 1 October from those on or after that date. For earlier problems, most claims retain the old three-month-minus-one-day period. Some categories already had longer periods, including equal pay and statutory redundancy payment claims. For later problems, most claims move to six months minus one day.
Use calendar months, not a rough number of weeks or working days. As an illustration of the basic rule before any conciliation adjustment, a relevant event on 12 September 2026 would reach three months less one day on 11 December. An event on 12 October would reach six months less one day on 11 April 2027. These examples do not determine a real claim’s legal start date.
The Scottish breach-of-contract exception
For employment tribunal breach-of-contract claims in Scotland, the extension takes effect on 9 November 2026. The relevant termination date matters for the transitional rules. Do not apply the general 1 October change to that category without checking the specific guidance.
This exception concerns a particular tribunal claim and should not be treated as a general rule for every contractual dispute or court action. If you have potential claims in more than one forum, get advice on each route. A time limit for a tribunal is not automatically the deadline for an ordinary court claim.
Work out when time starts for the actual claim
A dismissal claim and a complaint about an earlier discriminatory act may have different relevant dates. A series of incidents can raise difficult questions about whether conduct is legally continuing or consists of separate acts. The last diary entry is not automatically the start date for the whole history.
Prepare a timeline showing the incident dates, dismissal or termination date if applicable and any later decisions. Include when you learned of an event, but do not assume discovery always starts time running. Ask an adviser to identify the applicable date for each possible claim rather than choosing the date that gives the longest period.
Early conciliation can affect the calculation
In most cases, you must notify Acas before submitting a tribunal claim, subject to specific exceptions. Acas offers early conciliation, which the parties can choose whether to take part in. Timely notification can affect the limitation calculation, and certificate dates may matter when working out the final filing deadline.
Do not simply add a fixed number of weeks to your original date. Keep the notification confirmation and early conciliation certificate, and get the calculation checked. A general enquiry to the Acas helpline or an email to HR is not the same as formally notifying Acas about a prospective claim.
Grievances and appeals do not pause time
Raising a grievance, waiting for HR, appealing a dismissal or discussing settlement does not by itself stop a tribunal deadline. It is possible for an internal process to continue beyond the time available for a claim. Check the external position while you try to resolve the matter at work.
For example, if an employer promises an outcome after your likely deadline, do not treat the promise as permission to wait. Ask for advice about protecting your position. You can keep communicating constructively with the employer while checking what formal steps are required and when.
Some applications are much more urgent
Interim relief in certain dismissal cases, including qualifying whistleblowing cases, can involve a seven-day application deadline. Eligibility is limited and specialist advice is important. Do not read the general six-month rule and assume it covers every remedy arising from a dismissal.
If you have already missed a possible deadline, seek advice immediately rather than deciding the situation yourself. Tribunals have different powers to extend time depending on the claim, and an extension is not guaranteed. Illness, misunderstanding or an ongoing grievance should not be assumed to provide an automatic exception.
Keep a separate deadline record
Maintain a small list separate from your incident diary. Record the possible claim, relevant event, source of the date, Acas notification and certificate dates, and the deadline confirmed by your adviser. Set reminders with enough time to act. Do not rely on a blog or software diary as a personalised deadline calculator.
Take your employment dates, key incidents and any conciliation paperwork to an advice appointment. If there are mixed dates around October or November 2026, identify them explicitly. The transition is a reason to check promptly, not to assume either that an older claim has expired or that every older event now benefits from extra time.
Frequently asked questions
Do I now have six months for every claim? No. The claim type, relevant date, transition rules and any special limit matter. Earlier problems and the Scottish contract exception need particular care.
Does contacting HR or making a grievance stop the deadline? No. Internal processes do not by themselves pause limitation. Formal Acas notification is a separate step and can affect the calculation.
Can I rely on these examples to calculate my filing date? No. They illustrate the basic calendar rule only. Get the legal start date, any conciliation adjustment and the final filing deadline checked for your circumstances.
Sources and scope
Guidance checked on 25 October 2026. This article covers England, Wales and Scotland. Northern Ireland has different employment laws and procedures; check the Labour Relations Agency guidance. Examples are fictional. Laws and procedures can change, so check the linked guidance and get advice about your circumstances.
Dealing with something similar at work?
EviDiary helps you organise workplace incidents, notes and supporting evidence into a dated timeline. You can prepare a report using the features available on your plan. Start with the facts you remember and label any uncertainty; a diary does not independently verify an allegation or guarantee a legal outcome. EviDiary helps you document what happened and does not replace independent legal advice.
General information, not legal advice. Consider advice relevant to your own circumstances before making decisions.
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