Working in August is always a bit of a struggle. Either you're reluctantly coming back from being on holiday, frantically preparing so you can go on holiday or you're covering for someone who is away on holiday and has left a rather thorny issue for you ‘babysit’. We'd love to bring good cheer to lessen that struggle, but we can't. We can, however, confirm the following;

From 1 October 2026, employees will have six months to bring a claim at tribunal.

What are the practical implications of this? 

• This new six-month period will apply to all claims where the ‘relevant date’ - that is the unlawful act or failure to act - occurs on or after 1 October 2026.  
• Where there is a series of acts, it is the last one which is key. If it occurs after 1 October 2026 then the employee will have six months to bring their claim at tribunal.  
• With the increase in the ACAS early conciliation period to 3 months (increase last December), as from 1 October 2026 an employee will have a maximum of 9 months to file their ET1 after the alleged unlawful act.  
• Given the backlog in the tribunal system at the moment, it's unlikely that the ET1 will be processed swiftly and so it might be 12 months after the event that you are notified and need to draft your defence.  

How can I prepare?

• Accurate, accessible and contemporaneous notes of any disciplinary or capability matter will be key.  These will help counter the likelihood of ‘fuzzy memories’ and key staff who have left to work elsewhere.
• Start now getting into the process of ensuring that meeting notes, file notes etc. are filed correctly and managers understand the importance of this paperwork. Good processes now will mean a smooth transition in October.  
• Check that managers are following and detailing their processes, always mindful that they may need to rely on them in years to come.
• Ensure that dismissal letters and/or those concerning other sanctions are clear on both the decision and the reasons for the decision.  
• It's impossible to assume all disputes and dismissals will result in tribunal proceedings, however, it's wise to be cautious and potentially err on the side of pessimism. With that in mind, when staff who have been involved in key dismissal or disciplinary decisions leave, you may want to consider asking them to draft a witness statement to ensure you have their recall on paper.  A tribunal claim may be heard four years after they have left given the delays we are witnessing and so documents drafted now may be a key part of a defence.
• Consider your settlement policy (if you have one) in light of this change.  We envisage it may lead to an increase in claims as employees have more time to consider the ‘injustice’ done to them. Is it worth considering whether a robust policy to avoid settlement in most cases is practical given the potential for increases in claims and the time it is taking for any resolution through the tribunal. It may be worth weighing up the actual and reputational cost of settlement against the time and financial cost of a tribunal claim dragging on over five years.  

If you would like any further advice on preparing for tribunal, please get in touch.