Employment Rights Bill: The extension of limitation periods
11 May 2025
Employers need to be aware of a number of changes coming into force as a result of the Employment Rights Bill, including the extension of limitation periods.
In the employment tribunal, most claims must be brought within three months of the initial complaint. If the claimant tries to bring a claim after three months, the tribunal must reject it.
In such circumstances, a respondent – or their representative – can make an application to the tribunal to have that claim dismissed.
The Employment Rights Bill proposes to double this limitation period by increasing it to six months.
This change will impact claims brought under the following key pieces of legislation:
Employment Rights Act 1996
Health and Safety (consultation with Employees) Regulations 1996
National Minimum Wage Act 1998
Transfer of Undertakings (Protection of Employment) Regulations 2006
Working Time Regulations 1998
Equality Act 2010
Trade Union and Labour Relations (Consolidation) Act 1992.
*Please note that this is a non-exhaustive, consolidated list.
Further to the above, claims brought within this amendment will still benefit from the additional time granted during ACAS early conciliation.
Are post-employment breach of contract claims covered?
The Employment Tribunal (Extension of Jurisdiction) (England and Wales) Order 1994 has not been amended to reflect the six-month extension, therefore breach of contract claims brought post-employment will remain subject to the three-month limitation period.
However, such claims remain subject to the longer six-year limitation for breach of contract in the Civil Court.
What should you do?
In anticipation of these changes, employers should:
be prepared for a potential increase of ET claims
ensure current practises are reviewed to align with the extension
ensure that data retention policies are reviewed and extended where necessary in order to reflect the time limit increase, so that data is stored long enough to be relied upon
review grievance polices to ensure that they seek to avoid any litigation risk.
We will be covering each new change following the Employment Rights Bill, looking into the details of what could impact you and your business. Keep an eye out on our website and across our social media as we publish our full set of informative articles that will help you understand the changes employers are about to face.
If you have any questions about the changes to limitation periods, or need assistance preparing for the new Employment Rights Bill, be sure to get in touch – our expert team will be willing to help.
Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
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