We have all been breathing a collective sigh of relief that the Employment Rights Bill 2024 was not going to interfere with the three-month time limit for bringing an employment claim. Well, think again – that collective sigh of relief was somewhat premature.

Three-month time limit for bringing employment claims to extend to six months

Yesterday, the Government introduced an amendment to the Bill - employees will have six months to lodge their claims. This is not limited to claims under the Employment Rights Act 1996, but includes discrimination claims under the Equality Act, holiday pay under the Working Time Regulations 1996, trade union claims under the Trade Union and Labour Relations (Consolidation) Act 1992 and others. 

This will affect unfair dismissal claims and, given the changes to the qualification period for unfair dismissal that we expect in the next 18 months, it is the double ‘whammy’ that employers, and the already overloaded tribunal service, were hoping to avoid. There is some comfort in knowing that these amendments need to be agreed as part of the Bill. That said, it could be cold comfort because, given the Government’s majority, it is likely that they will be agreed. 

What’s next?

The Bill is in the committee stage now and members of the committee or the Government can table amendments like this one above. They will report their findings to the House of Commons on 21 January 2025. This report stage is key as any MP can propose further amendments and there will be a vote on each proposed amendment. Once it progresses from the report stage to the third reading, there are no further amendments (the House of Lords can add some minor ones) so we will then know what is in and what is out! 

The parliamentary timetable has yet to be set for the third reading. 

What can you do?

At this stage in the Bill, there are few real preparations that employers can make. Whilst we are cautiously sure these provisions will come into force, we have no time frame as regulations most likely will be needed and the Government might want to consult on the changes given the implications for the tribunal service. Ensuring your disciplinary policies and procedures are fit for purpose and followed by managers who have been trained is the best preparation at this stage. 

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