From 1 October 2026, most people bringing an employment tribunal claim must do so within six months, rather than three. For a sector built on short contracts, freelance crews and fast turnarounds, that matters.
Most tribunal claims (unfair dismissal, discrimination, harassment etc) currently have to be brought within three months of the event complained of. From 1 October 2026, that becomes six months. The change applies where the relevant event (usually the last day of employment, or the last act in a series of incidents) falls on or after 1 October 2026. If it happened before that date, the old three-month limit still applies. ACAS early conciliation processes are unaffected.
A longer time limit means a longer paper trail. A disagreement over a wrap party, a late payment, or a contract cut short can now surface as a claim five or six months after the event, not just three.
In England and Wales, the six-month limit covers nearly everything, including the claims screen employers deal with most often: breach of contract and wrongful dismissal, where a contract is cut short or money owed under it isn't paid.
In Scotland, the six-month extension for unfair dismissal, discrimination and other statutory claims applies too, since that's set at UK level under the Employment Rights Act 2025. But breach of contract and wrongful dismissal claims are different: the power to extend that particular time limit sits with Scottish Ministers, not Westminster, and no equivalent order has yet been made for Scotland.
| Claim Type | England & Wales | Scotland |
|---|---|---|
| Unfair dismissal, discrimination and most other statutory claims | 6 months from 1 Oct 2026 | 6 months from 1 Oct 2026 |
| Breach of contract / wrongful dismissal | 6 months from 1 Oct 2026 (confirmed) | Still 3 months (no order made yet) |
1. Review your record retention policy. Keep contracts, correspondence, timesheets and exit paperwork for at least seven months after someone leaves, to cover the new time limit plus early conciliation.
2. Note where each contract is governed and where the person is based. The same type of dispute can carry two different deadlines depending on whether it's England & Wales or Scotland, and on whether it's a breach of contract claim or another type of claim.
3. Watch for a Scottish equivalent order. If one is made (and this is anticipated in mid-November 2026), breach of contract time limits in Scotland will fall into line with England and Wales — check back before assuming the three-month position still stands.