My employment in England ended on 15 October 2026 and I am considering an employment tribunal claim for unfair dismissal and unpaid wages. I understan?
Quick Summary
Your deadline for unfair dismissal is six months from 15 October 2026, and you must contact Acas for early conciliation before filing. The new law does not revive claims that have already expired under the old rules.
The situation
My employment in England ended on 15 October 2026 and I am considering an employment tribunal claim for unfair dismissal and unpaid wages. I understand that under the Employment Rights Act 2025, the ordinary time limit for most tribunal claims changed on 1 October 2026 from three months to six months less one day, but only where the relevant date falls on or after 1 October 2026. How is my deadline calculated, do I still have to contact Acas for early conciliation first, and does the longer limit revive a claim that had already expired under the old three-month rule?
Detailed Analysis
Because your employment ended on 15 October 2026, which is after the 1 October 2026 change, you fall under the new time limits. For your unfair dismissal claim, the tribunal shall not consider the complaint "before the end of the period of six months beginning with the effective date of termination"[1]. The effective date of termination is the last day you were employed. This means your six-month window starts on 15 October 2026.
Regarding your unpaid wages, the law for certain failures to pay states a complaint must be presented "before the end of the period of six months beginning with the date when the failure occurred"[2].
You must contact Acas for early conciliation (a process where a neutral person tries to help you and your employer reach an agreement without a court) before you can go to a tribunal. The law states that "Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies"[1]. This means the time you spend in conciliation can extend your deadline.
Regarding your question about reviving old claims: the provided statutes do not state that the new six-month limit applies retroactively to claims that had already expired under the old three-month rule. If a claim was already 'out of time' before 1 October 2026, the new law does not automatically bring it back to life.
It is uncertain how the tribunal will treat the specific calculation of 'six months less one day' mentioned in your question, as the provided text for Section 111 specifically refers to a 'period of six months'.
Statutory Citations
Legal Citation: Employment Rights Act 1996 § Section 111 — Complaints to employment tribunal .
"a employment tribunal shall not consider a complaint under this section unless it is presented to the tribunal— a before the end of the period of six months beginning with the effective date of termination"View Official Legislation →
Legal Citation: Employment Rights Act 1996 § Section 60 — Complaints to employment tribunals .
"A employment tribunal shall not consider a complaint under this section unless it is presented— a before the end of the period of six months beginning with the date when the failure occurred"View Official Legislation →
Legal Citation: Employment Rights Act 1996 § Section 111 — Complaints to employment tribunal .
"Section 207B (extension of time limits to facilitate conciliation before institution of proceedings) applies for the purposes of subsection (2)(a)"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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