If you work in an employment law team, one of the most important dates in your diary this autumn is 1 October 2026. From that date, the time limit for bringing most employment tribunal claims will increase from three months to six months.
It sounds like a simple change, but for the next few months you will be working with two sets of deadlines side by side. Getting this right is essential because a missed limitation date can end a client's case before it starts.
What is changing?
Currently, most employment tribunal claims, including unfair dismissal, discrimination, whistleblowing, TUPE and Working Time Regulations claims, must be presented within three months less one day of the act complained of. From 1 October 2026, that period will increase to six months less one day for most claims.
The change is being introduced by the Employment Rights Act 2025, together with the Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026. The new rules come into force on 1 October 2026.
The key date to check on every file
The new six-month limit does not apply simply because a claim is presented after 1 October. The transitional provisions provide that the new rules apply where the "relevant date" falls on or after 1 October 2026. For most claims, this will be the date of the act, conduct or failure complained of or, in the case of a series of acts, the date of the last act. For dismissal claims, the relevant date will generally be the effective date of termination.
Here is how that works in practice.
A client is dismissed on 20 September 2026. The old rule applies, so the deadline is three months less one day: 19 December 2026, before any extension resulting from Acas early conciliation.
A client is dismissed on 15 October 2026. The new rule applies, so the deadline is six months less one day: 14 April 2027, before any extension resulting from Acas early conciliation.
Both clients might walk through your firm's door in the same week, but their deadlines are very different. This is why the date of the event matters more than ever.
How Acas early conciliation fits in
The existing rules relating to Acas early conciliation continue to apply. Early conciliation can affect the limitation period, and the exact calculation will depend on when Acas is notified and when the early conciliation certificate is issued. Acas currently states that early conciliation can last for up to 12 weeks.
Employment tribunals also retain their existing discretion to extend time where the relevant statutory test is satisfied.
Remember too that the early conciliation period was increased from six weeks to 12 weeks in 2025. This makes it particularly important to record both the date of the original event and the dates relating to Acas notification and the certificate.
Always check the precise calculation rather than assuming that adding 12 weeks to the original deadline will give you the correct date.
What this means for your day-to-day work
As a Legal Secretary, you are often the person who sets up the file, records the key dates and keeps the diary system accurate. Here are some practical steps to take now.
Capture the event date clearly at file opening. Make sure the date of dismissal or the act complained of is recorded precisely, rather than simply recording the date on which the client first contacted the firm.
Check which regime applies. For any event close to 1 October, flag the matter and make sure the correct limitation period is applied.
Review your templates and diary rules. If your case management system automatically calculates a three-month deadline, it will need to be updated for new matters from 1 October.
Keep both rules in mind for now. Existing matters may continue to be subject to the old three-month limit, so do not automatically change deadlines on live files.
Help employer clients with record keeping. Employers may need to be prepared for potential claims to be brought later than under the current rules. They should review their document-retention arrangements to ensure that relevant records are preserved for long enough to deal with potential claims.
Always double-check. Limitation dates should be confirmed by the qualified fee earner responsible for the matter. Your role in spotting and flagging important dates is vital, but if you are in doubt, check with the Lawyer responsible for the case.
Why this matters
Time limits are one of the biggest risk areas in litigation, and Legal Secretaries are an important part of the safety net. Understanding changes like this one demonstrates your value to your team and helps protect both clients and your firm.
For ILSPA students and members, keeping up to date with legal developments is an important part of building a long and successful career in legal support.
