United Kingdom flag

United Kingdom

Employment Tribunal Time Limits: 3 Months Less a Day

By Recording Law Editorial TeamReviewed September 10, 202613 min read
Employment Tribunal Time Limits: 3 Months Less a Day

Frequently Asked Questions

What is the time limit to bring an employment tribunal claim?

For most claims, including unfair dismissal, discrimination and unlawful deduction of wages, the time limit is currently 3 months less one day from the act complained of, such as the effective date of termination for a dismissal claim. From 1 October 2026 this extends to 6 months for claims based on an act on or after that date.

Is the employment tribunal time limit changing?

Yes. From 1 October 2026, the standard time limit for most claims extends from 3 months less one day to 6 months. For unfair dismissal, discrimination and unlawful deduction of wages the change is made by section 152 of, and Schedule 12 to, the Employment Rights Act 2025, commenced on 1 October 2026 by SI 2026/954, which was made on 1 September 2026. A separate instrument, SI 2026/758, makes the same change for a narrower group of claims under secondary legislation. It only applies where the relevant act falls on or after 1 October 2026; a claim based on an earlier act still uses the 3-months-less-a-day limit.

Does contacting ACAS stop the time limit running?

Yes. Starting ACAS Early Conciliation pauses the clock for the period conciliation runs, and if the deadline would otherwise fall during or shortly after conciliation, you get at least one month from the day after the Early Conciliation certificate is issued to lodge a claim.

What is the time limit for a redundancy pay claim?

A statutory redundancy pay claim must generally be brought within 6 months of the date employment ended, a longer window than the standard 3-months-less-a-day limit used for unfair dismissal and discrimination claims.

What is the time limit for an equal pay claim?

Equal pay claims under the Equality Act 2010 also carry a 6-month time limit, generally running from the end of the employment relationship the claim relates to.

Can I still bring a claim after the deadline has passed?

Sometimes, but it is not guaranteed. Unfair dismissal claims can only be extended where it was not reasonably practicable to claim in time; discrimination claims can be extended where a tribunal considers it just and equitable. Both are narrow, discretionary tests, not a routine second chance.

What does 3 months less one day actually mean?

It means the deadline is one day short of a full 3 months from the triggering date, so a claimant who waits until exactly 3 months later has already missed it. Treat the limit as slightly shorter than 3 months rather than a round figure.

Does Northern Ireland use the same time limits?

Northern Ireland's Industrial Tribunal system and Labour Relations Agency conciliation broadly mirror the Great Britain time limits, but Northern Ireland legislates separately, so the exact deadline should be confirmed with the LRA rather than assumed.

Do I need an Early Conciliation certificate to bring a claim?

Yes, for most claim types. A tribunal will normally reject a claim submitted without an Early Conciliation certificate number, aside from a small number of exempted claims, so contacting ACAS is a mandatory first step, not an optional one.

Updates

The standard employment tribunal time limit for most claims, including unfair dismissal, discrimination and unlawful deduction of wages, extends from 3 months less one day to 6 months. Schedule 12 to the Employment Rights Act 2025 makes the change and SI 2026/954, made 1 September 2026, brings it into force. SI 2026/758 makes the same change for a narrower set of claims under secondary legislation, and SI 2026/759 does so for breach-of-employment-contract claims in England and Wales. It applies only where the relevant date falls on or after 1 October 2026.

Sources and References

  1. Employment Rights Act 1996(legislation.gov.uk).gov
  2. Equality Act 2010(legislation.gov.uk).gov
  3. gov.uk: Employment tribunals(gov.uk).gov
  4. ACAS: Early conciliation(acas.org.uk)
  5. Labour Relations Agency (Northern Ireland)(lra.org.uk).gov
  6. The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026(legislation.gov.uk).gov
  7. The Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026, SI 2026/954 (C. 79), made 1 September 2026 (regulation 3 commences section 152 of and Schedule 12 to the Employment Rights Act 2025 on 1 October 2026)(legislation.gov.uk).gov
  8. Employment Rights Act 2025 (c. 36), Schedule 12 (increase in time limits for making claims), as enacted(legislation.gov.uk).gov
  9. The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026, SI 2026/758, made 6 July 2026, in force 1 October 2026(legislation.gov.uk).gov
  10. The Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026, SI 2026/759, made 6 July 2026, in force 1 October 2026(legislation.gov.uk).gov
Share: