An Employment Tribunal claim runs through a fixed sequence: mandatory early conciliation through Acas, presentation of the claim on form ET1, the employer’s response on form ET3, case management, and a final hearing before an employment judge sitting alone or with lay members. Appeal lies to the Employment Appeal Tribunal, and on a point of law only.
That sequence is about to change at its most consequential point. From 1 October 2026 the primary time limit for bringing most claims doubles, and anyone advising on or conducting tribunal work needs to know precisely how the transition operates.
The time limit change on 1 October 2026
Until 1 October 2026, most Employment Tribunal claims must be presented within three months less one day of the act complained of. That covers the bulk of the jurisdiction: unfair dismissal, discrimination, detriment, whistleblowing, working time and unlawful deduction from wages. A minority of claims already carry six months, including redundancy payment claims, equal pay, and unfair dismissal for taking protected industrial action.
Section 152 of and Schedule 12 to the Employment Rights Act 2025 extend the primary limitation period for most statutory tribunal claims from three months to six. The change takes effect on 1 October 2026.
Some claims were omitted from Schedule 12, and the Government laid further regulations to bring them into line, covering among others breach of contract claims, part-time worker claims and fixed-term employee claims. Parliament approved those regulations, so the extension applies across the jurisdiction rather than leaving a residue of three-month claims behind.
The transitional rule is where mistakes will be made
The extended limit applies only where the act, failure, detriment or termination complained of occurs on or after 1 October 2026. A claim arising entirely from events before that date remains subject to the three-month limit.
For a period, therefore, two limitation regimes run in parallel, and the applicable one depends on the date of the act rather than the date of the claim. Where a claim involves a series of acts, such as a series of unlawful deductions, the position turns on when the last act in the series falls.
The practical consequence for anyone advising in the coming months is that limitation cannot be worked out from the claim form alone. It requires the date of each act relied on.
Acas early conciliation
A prospective claimant must notify Acas and go through early conciliation before presenting most claims. This is a precondition, not an option, and the claim form requires the Acas certificate number.
The conciliation period itself has been extended. Where an early conciliation notification is presented to Acas on or after 1 December 2025, the period may now run for up to twelve weeks, where previously it was six. The limitation clock is effectively paused while conciliation is running, which is why calculating the deadline requires the conciliation start and end dates as well as the date of the act.
Conciliation is voluntary in substance even though notification is compulsory. Either side may decline to engage, in which case Acas issues the certificate and the claim can proceed. Where settlement is reached it is recorded in a COT3 agreement.
Claim and response
The claim is presented on form ET1, setting out the claims brought and the factual basis for them. The employer responds on form ET3, normally within 28 days of being sent a copy of the claim. A respondent who fails to present a response in time risks a judgment being issued without a hearing.
Pleading at this stage does more work than its informality suggests. The ET1 defines the claims the tribunal is being asked to determine, and while tribunals take a less exacting approach to drafting than the civil courts, particularly where a claimant is unrepresented, a claim not identified at this stage may require an amendment application later, which is not granted as of course.
Case management and preliminary hearings
Most cases of any substance pass through at least one preliminary hearing. These fall into two broad categories, and conflating them is a common error.
A case management preliminary hearing is administrative. It identifies the issues, sets a timetable for disclosure, witness statements and the bundle, lists the final hearing and gives directions. It is usually held in private and before a judge alone.
A preliminary hearing may also determine a substantive preliminary issue: whether the claimant was an employee or a worker, whether a claim was presented in time, whether the claimant meets the statutory definition of disability, or whether a claim should be struck out or made subject to a deposit order. These are determinations, not housekeeping, and they frequently dispose of claims entirely.
The list of issues produced at case management stage tends to govern the final hearing, so time spent settling it accurately is rarely wasted.
Composition of the tribunal
Who sits depends on the claim. Unfair dismissal and unlawful deduction claims are generally heard by an employment judge sitting alone. Discrimination claims are typically heard by a full panel: an employment judge with two non-legal members, one drawn from an employee background and one from an employer background.
The distinction matters to advocates. A full panel brings industrial experience to findings about workplace conduct and reasonableness, and submissions pitched solely at the judge misjudge the audience. Lay members ask questions, and they often ask the practical ones.
The final hearing
Tribunal hearings are less formal than civil trials but follow a recognisable shape: evidence in chief taken as read from witness statements, cross-examination, submissions, and judgment either delivered orally at the end or reserved and sent in writing.
Several features distinguish tribunal advocacy from court work. Evidence is generally not given orally in chief, so the witness statement carries the examination-in-chief. Tribunals have a broader discretion over procedure than the civil courts and may adopt an inquisitorial approach where a party is unrepresented. Costs do not follow the event: the tribunal’s costs jurisdiction is limited and exercised sparingly, which shapes litigation behaviour throughout.
Written submissions carry real weight, particularly in longer cases, and the discipline is the same one written advocacy elsewhere requires: identify the issues, state the proposition each authority establishes, and confine the argument to what is genuinely in dispute.
Remedies and appeals
Where a claim succeeds, remedy is often determined at a separate hearing. Remedies vary by claim type and include compensation, declarations, recommendations in discrimination cases, and reinstatement or re-engagement in unfair dismissal, though the latter are ordered rarely.
An appeal lies to the Employment Appeal Tribunal, and only on a point of law. That limitation is the single most misunderstood feature of the system among unrepresented parties, who frequently seek to appeal findings of fact. A perverse finding can amount to an error of law, but the threshold is high. From the EAT, appeals proceed to the Court of Appeal and, with permission, to the Supreme Court, which places the tribunal system within the wider court structure despite its separate first-instance procedure.
Why this matters beyond employment practitioners
Two reasons the tribunal process is worth understanding outside a dedicated employment practice.
It is one of the jurisdictions where litigants in person are most common, which makes it a significant area for direct access work. A client who cannot fund a full solicitor-led case may still instruct counsel for advice, drafting or the hearing itself, and the tribunal’s relative procedural flexibility makes that workable in a way it often is not elsewhere.
And the volume of claims responds to procedural change. Doubling the limitation period from October is expected to affect both the number of claims presented and the period over which employers face exposure. Practitioners on both sides should expect the change to be felt in caseload before it is felt in case law.
This article is information and analysis, not legal advice. Time limits and procedural requirements vary by claim type, and the transitional provisions accompanying the October 2026 changes should be checked against the current legislation in any individual matter.
Frequently asked questions
What is the time limit for bringing an Employment Tribunal claim?
For acts occurring before 1 October 2026, most claims must be presented within three months less one day. For acts occurring on or after 1 October 2026, the primary limit for most claims becomes six months, under the Employment Rights Act 2025. A few claims, including redundancy payment and equal pay, already carried six months.
Does the six-month time limit apply to older claims?
No. The extended limit applies only where the act, failure or termination complained of occurs on or after 1 October 2026. Claims arising entirely from earlier events remain subject to the three-month limit, so two regimes run in parallel for a period.
Is Acas early conciliation compulsory?
Notifying Acas is compulsory before presenting most claims, and the certificate number is required on the claim form. Participating in conciliation itself is voluntary. For notifications made on or after 1 December 2025, the conciliation period can run for up to twelve weeks.
What is the difference between the two types of preliminary hearing?
A case management preliminary hearing sets directions, identifies the issues and lists the final hearing. A preliminary hearing to determine a preliminary issue decides a substantive question, such as employment status, disability, or whether a claim was presented in time, and can dispose of the claim.
Who hears an Employment Tribunal case?
An employment judge sits alone for most unfair dismissal and wages claims. Discrimination claims are usually heard by a full panel of an employment judge and two non-legal members, one from an employee background and one from an employer background.
Can you appeal an Employment Tribunal decision?
An appeal lies to the Employment Appeal Tribunal on a point of law only. Findings of fact cannot be appealed as such, though a perverse finding may amount to an error of law. Onward appeals lie to the Court of Appeal and, with permission, the Supreme Court.
Related reading
- The UK court hierarchy explained
- Direct access barristers: instructing counsel without a solicitor
- What is a skeleton argument? Written advocacy explained
- The UK court system and judgments: a practitioner’s guide
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