Employment law is changing on two important dates this autumn. From 1 October 2026, the primary time limit for bringing most Employment Tribunal claims has increased from three months to six months. From 30 October 2026, employers will have stronger obligations to prevent sexual harassment and may be liable for harassment by third parties such as customers, clients and contractors.

These changes affect employees, workers and employers across England and Wales. They also create a transitional issue: the time limit for a claim may depend on when the relevant act occurred.

This guide explains the new rules, what employers should do before 30 October and when to seek advice from employment law solicitors UK.

The six-month Employment Tribunal time limit

Under the Employment Rights Act 2025, the primary time limit for bringing most Employment Tribunal claims increased from three months to six months on 1 October 2026.

In practice, the deadline is generally described as six months less one day from the relevant date. The relevant date will depend on the type of claim. It may be:

• The effective date of termination for an unfair dismissal claim
• The date of the act complained of for discrimination or harassment
• The date of the last event in a continuing series of acts
• The date of a deduction or underpayment for certain wage claims

The change applies where the relevant date falls on or after 1 October 2026. It does not retrospectively extend a deadline that was already governed by the previous rules.

The transitional trap

There are now two time-limit regimes operating side by side:

• A three-month less one day deadline for relevant acts before 1 October 2026
• A six-month less one day deadline for relevant acts on or after 1 October 2026

This makes it particularly important to identify the legally relevant date before assuming that the longer period applies.

For example:

• An employee dismissed on 25 September 2026 will generally remain subject to the old three-month deadline.
• An employee dismissed on 5 October 2026 will generally have six months less one day to bring the claim.

The position can be more complicated where there has been a continuing course of conduct, several deductions, a grievance followed by dismissal, or multiple acts of discrimination. The date of the last act may be important, but it should not be assumed that every related complaint automatically benefits from the new time limit.

The change also differs slightly in Scotland. The six-month time limit for breach of employment contract claims in Scotland takes effect on 9 November 2026, rather than 1 October. The rules for other claims may be different, so Scottish employees and employers should obtain advice on the specific cause of action.

Acas Early Conciliation still applies

The change to the Tribunal time limit does not remove the requirement to consider Acas Early Conciliation.

Before bringing most Employment Tribunal claims, a claimant must notify Acas unless an exemption applies. Early Conciliation can pause the limitation clock and may extend the effective period available to issue a claim.

The process has not been replaced by the six-month rule. A claimant should still notify Acas within the applicable limitation period. Waiting until the final days can create serious practical risks, particularly if there is uncertainty about the relevant date or the claim involves more than one legal complaint.

An internal grievance, appeal or settlement discussion does not usually stop the Tribunal clock. Employees should therefore avoid treating workplace procedures as an automatic extension of the legal deadline.

What the new time limit means for employees and workers

The longer period may provide more time to:

• Obtain documents, messages and witness evidence
• Understand whether the legal test for a claim is met
• Complete a grievance or appeal
• Explore settlement
• Obtain legal advice
• Notify Acas and consider the prospects of litigation

This may be particularly helpful in cases involving discrimination, harassment or dismissal, where the employee may need time to recover, find alternative work or understand what happened.

However, six months is not an unlimited period. Evidence can become harder to obtain as time passes. Memories fade, documents may be deleted and witnesses may leave the organisation. A longer time limit also means that a dispute may remain unresolved for longer, creating uncertainty for both the employee and the employer.

The deadline remains important even where the claimant has a strong case. A Tribunal may have limited discretion to extend time, depending on the type of claim and the circumstances. A claimant should obtain advice promptly rather than relying on an assumption that a late claim will be accepted.

What the new time limit means for employers

Employers may face a longer period in which claims can be brought. This has practical consequences for record-keeping and risk management.

Businesses should consider retaining relevant records for longer than their existing practices may allow, including:

• HR files and personnel records
• Contracts and policy documents
• Investigation notes and meeting records
• Grievances, disciplinary documents and appeal records
• Dismissal and redundancy correspondence
• Right-to-work documents
• Emails, messages and other relevant communications
• Training and workplace-conduct records

Retention should still comply with data protection requirements. The objective is not to keep every document indefinitely, but to ensure that relevant information is not routinely destroyed before the potential dispute period has passed.

The longer exposure period may also affect:

• Litigation reserves
• Employment-practices liability insurance
• Settlement strategy
• Internal investigations
• Record-management policies
• Advice given during disciplinary and grievance processes

Clean documentation is especially important. Employers should be able to demonstrate what decision was made, why it was made, what evidence was considered and whether the employee was given a fair opportunity to respond.

The 30 October duty to prevent sexual harassment

From 30 October 2026, employers must take all reasonable steps to prevent sexual harassment of employees and workers.

This is a stronger standard than the previous requirement to take reasonable steps. The law is concerned not only with how an employer responds after an incident, but also with what it did beforehand to identify and reduce the risk.

From the same date, employers may also become liable for sexual harassment by third parties, including:

• Customers
• Clients
• Contractors
• Agency workers
• Suppliers
• Visitors
• Other people interacting with staff through the workplace

The third-party rules do not mean that every incident will automatically result in employer liability. The employer’s preventative measures will be important. An organisation that can demonstrate that it took all reasonable steps may have a stronger position, but a written policy alone will rarely be enough.

What “all reasonable steps” means in practice

There is no single checklist that will be appropriate for every employer. Reasonable steps will depend on the size and nature of the organisation, the sector, the working environment and the risks identified.

Practical measures may include:

1. Carrying out a risk assessment
   Consider where sexual harassment may occur, including work events, customer-facing roles, isolated workplaces, online communications, travel and work-related social activities.

2. Reviewing policies
   Policies should define sexual harassment, explain how concerns can be reported and state that harassment by third parties will be taken seriously.

3. Training staff and managers
   Training should be practical rather than a box-ticking exercise. Managers should understand how to respond to a complaint, preserve confidentiality and prevent retaliation.

4. Creating clear reporting routes
   Employees should know who they can approach and whether there are alternative contacts where the alleged harasser is a line manager.

5. Monitoring workplace culture
   Employers should review complaints, staff feedback, sickness absence, turnover and exit interviews for warning signs.

6. Taking demonstrable action
   Concerns should be investigated promptly and proportionately. Employers should record the steps taken and avoid treating informal complaints as unimportant.

7. Reviewing third-party relationships
   Contracts with customers, suppliers, contractors and agencies should be reviewed where appropriate. Employers should consider how unacceptable conduct will be reported and addressed.

New trade union measures from 30 October

The 30 October changes also introduce further trade union protections and rights, including:

• Updated rights of access for trade unions to workplaces
• Additional protections for trade union representatives concerning facilities and time off for duties
• An updated Code of Practice on trade union recognition
• Extended protection against detriment for workers taking part in industrial action

Employers should review their arrangements for trade union access, consultation and representative facilities. Managers should also understand that treating a worker less favourably because they took part in lawful industrial action can create legal risk.

Employer action list before 30 October

Employers should consider taking the following steps now:

• Review and update sexual-harassment policies
• Carry out or refresh workplace risk assessments
• Identify higher-risk locations, activities and working relationships
• Train managers on prevention, reporting and investigations
• Establish clear, confidential reporting routes
• Review customer, client, contractor and supplier relationships
• Check relevant contracts and codes of conduct
• Review trade union access and representative arrangements
• Set up a system for recording concerns and responses
• Retain evidence of training, assessments and action taken
• Audit HR records in light of the new six-month Tribunal period

Frequently asked questions

Does the six-month limit apply to my claim?

It may. The six-month period generally applies where the relevant act, dismissal or last act in a series occurred on or after 1 October 2026. Different rules and exceptions apply to some claims, so the type of claim and relevant date must be checked.

What if my dismissal was before 1 October?

A dismissal before 1 October 2026 will generally remain subject to the previous three-month less one day time limit. The later change does not automatically extend it.

Does Acas Early Conciliation still apply?

Yes. The process remains relevant and can pause the limitation clock. Claimants should notify Acas within the applicable deadline and should not assume that an internal grievance extends time.

What happens if I miss the deadline?

A Tribunal may have discretion to accept some late claims, but this is not guaranteed. The rules depend on the claim. Missing the deadline can prevent an otherwise valid claim from proceeding, so early advice is essential.

Do the 30 October changes apply to all employers?

The duties generally apply to employers across the UK, including smaller businesses. The steps that are reasonable will depend on the organisation’s size, sector, workforce and risk profile.

What counts as third-party harassment?

Third-party harassment may involve unwanted conduct of a sexual nature by someone who is not an employee, such as a customer, client, contractor, supplier or visitor. The circumstances and the employer’s response will be important.

Related Posts

• The six-month rule and the 2026 employment protection changes
• Employment Tribunal Claims in 2026: Annual Leave, Unpaid Deductions and Worker Status Explained

This guidance is current as at October 2026. It is general information and does not replace advice on your circumstances. Tyndel Solicitors offers fixed-fee initial consultations for employment matters, including Tribunal claims, workplace investigations, harassment complaints, disciplinary processes and settlement discussions.

If you need advice from experienced employment law solicitors in the UK or are considering an unfair dismissal claim, contact Tyndel Solicitors’ Employment Law team for a fixed-fee initial consultation.