employment-law
Employment Tribunal six-month time limit: employer records guide
What the October 2026 increase in Employment Tribunal claim time limits means for employer records, investigations and dispute handling.
From 1 October 2026, the time limit for bringing many Employment Tribunal claims increased from three to six months. The change does not mean every claim has an identical deadline: the claim type, date of the act, continuing conduct, early conciliation and transitional provisions can affect time. For employers, the practical message is clear—retain reliable evidence and address disputes promptly even when several months have passed.
Why the longer period matters
Managers may previously have assumed that a matter was unlikely to become a claim after three months. That was never a sound basis for deleting evidence, and it is even less appropriate now. A former employee may begin early conciliation later, witnesses may leave and digital records may be overwritten before the employer receives formal notice.
The deadline for a claimant is a legal calculation, not an internal target for the employer. Do not refuse to investigate a grievance merely because a manager thinks the old limit has expired. Late internal concerns can still reveal current risk, affect other employees or become relevant to a claim whose deadline was extended.
Build a defensible chronology
For disciplinary, grievance, capability, redundancy and dismissal matters, create a dated chronology. Keep the original documents rather than copying selected extracts into a summary. Useful evidence can include contracts, policies, letters, meeting invitations, notes, messages, rotas, objective-setting records, training evidence and payroll data.
Record who made each decision, what information was considered and why alternatives were accepted or rejected. Contemporaneous notes should distinguish facts, allegations and conclusions. Avoid retrospective rewriting that makes an ordinary note appear more certain than it was.
Where a complaint concerns discrimination, harassment or whistleblowing, identify related records across teams and systems. Restrict access, but do not allow routine deletion settings to destroy relevant evidence once a dispute or claim is reasonably anticipated.
Review retention arrangements
A longer claim window may require changes to HR retention schedules, mailbox rules, recruitment platforms and manager-held files. Map where evidence exists and who is responsible for preserving it. Personal data should not be kept indefinitely “just in case,” so document a lawful, proportionate retention period and litigation-hold process.
Check whether records held by payroll providers, occupational health, outsourced HR, recruitment agencies or client-site systems remain accessible. Contracts with processors should support lawful retrieval and deletion. Health and equality information needs particularly careful access controls.
Handle grievances and appeals promptly
The longer tribunal limit is not permission to delay internal procedures. Investigate without unreasonable delay, keep the employee informed and allow a fair appeal. Early, competent handling can clarify facts, repair working relationships and reduce escalation.
Use the disciplinary and grievance procedure guide to structure invitations, meetings, evidence, outcomes and appeals. If the complaint concerns a senior manager or HR, appoint an investigator with sufficient independence.
Respond carefully to subject access requests. They are not a substitute for disclosure in proceedings, but they often arise during workplace disputes. Preserve relevant records and obtain data-protection advice rather than deleting or editing material after a request.
Prepare for early conciliation
When Acas contacts the employer, centralise the response. Confirm the relevant dates, preserve records, identify decision-makers and notify insurers or advisers where required. Do not contact the employee in a way that could be perceived as pressure or retaliation.
Assess the facts and legal risk realistically. A concise position supported by reliable documents is more useful than a defensive narrative prepared before the evidence is reviewed. Consider practical resolution as well as litigation cost, management time and workplace impact.
Employer action checklist
- update HR retention and litigation-hold procedures;
- check deletion settings across email, messaging and HR platforms;
- train managers to keep objective, dated notes;
- maintain a chronology for material employee-relations cases;
- preserve the evidence actually used for decisions;
- complete grievances and appeals promptly;
- centralise Acas and tribunal correspondence;
- seek advice on limitation, transitional rules and high-risk claims.
Consistent source documents also matter. Build aligned contract and handbook documents so managers are not applying a procedure that conflicts with the employee's written terms.
This guide is general information, not legal advice. Tribunal deadlines are fact-sensitive, and early conciliation can affect calculations. Obtain advice immediately when a claim or Acas notification arrives.
