For decades, the three-month deadline to bring an employment tribunal claim has quietly protected many employers. It caught out employees who were indecisive, unwell, or unaware. That window has served as a deterrent and a defence.
That is about to change.
Section 149 of the Employment Rights Bill extends the limitation period for nearly every employment claim from three months to six. That means more claims. More threats of claims. More negotiations. More pressure.
Schedule 12 of the Bill is sweeping. It amends the time limit provisions in the Employment Rights Act, TUPE, the Working Time Regulations, TULRCA, the Equality Act, and others. It leaves very few stones unturned.
The change to six months is not as simple as it sounds.
Six months doesn’t mean six months.
Employees still get additional time to bring a claim due to Acas Early Conciliation. In discrimination cases, tribunals can extend time where it’s just and equitable. In unfair dismissal cases, tribunals can extend time where it wasn’t reasonably practicable to bring the claim earlier. So while the default has doubled, the margin for extensions remains.
Before the implementation of the Employment Rights Bill there are three urgent steps employers should be taking now:
1. Review and extend document retention policies. You may need to hold on to records for at least nine months after any incident – longer if litigation seems possible.
2. Reassess HR budgets and insurance cover. Longer claim windows are likely to trigger more claims, which in turn may raise premiums.
3. Strengthen internal grievance and appeal processes. With more time to raise and resolve issues before claim deadlines, early resolution becomes more viable.
For employees’ advisers, this means more time to build stronger claims. More time for Subject Access Requests. More time to negotiate. And more time to bring cases that would previously have lapsed by the time an employee had found a solicitor.
The impact of this change will be felt across the board. More pressure. More paperwork. More litigation and more need for vigilance. This isn’t just a procedural change. It’s a fundamental rebalancing of the litigation landscape in employment law.
Three months was a sprint. Six months is a marathon. And you need to pace yourself accordingly.
If you require more details and would like to discuss further please call us on 07375 097443 or e-mail us at enquiries@lbjconsultants.co.uk, you can also book an appointment here
