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The UK government's plan to double the employment tribunal claims window
At present, employees have three months to bring the majority of claims to employment tribunal. In some cases, the tribunal has discretion to extend this deadline by applying either the ‘just and equitable’ or ‘not reasonably practicable’ test.
If a claim is submitted outside this three-month window and fails to meet the criteria of either test, it’s unlikely to be accepted. However, the UK government is now proposing to the extend the time limit from three months to six.
Why widen the employment tribunal claims window?
The UK government first pledged to increase the employment tribunal time limit in its Plan to Make Work Pay. The proposal now forms part of the Employment Rights Act 2025, which is currently making its way through Parliament.
According to the government’s impact assessment, granting potential claimants an additional three months to bring a claim is likely to simplify the tribunal system, making it less rigid and complex for employees to navigate.
It will be particularly beneficial in respect to discrimination claims, where individuals may struggle to bring a claim within the current timeframe. For instance, due to ill health or following the recent birth of a child. Overall, the proposal is intended to increase access to justice.
While the government acknowledges that extending the time limit will make it easier for some claims to be brought, it has also suggested that it may reduce the number of claims by giving your business more time to complete internal procedures (such as appeals processes).
This reasoning appears counterintuitive. After all, removing a barrier to claiming is more likely to increase, not decrease, claim volumes. In reality, an uplift in claims seems the more likely outcome.
How could this impact your business?
In addition to anticipating a rise in claims, you'll face extended periods of uncertainty as they wait to see whether a former employee will decide to bring a claim, potentially months after the alleged event occurred. This could impact business operations, particularly for small and medium-sized businesses that have fewer resources to devote to managing potential claims.
Extending the time limit also raises concerns about the availability and reliability of evidence. As time passes, it'll be harder for your business to retain key witnesses or maintain records of incidents that may be vital to defending a claim. Witnesses may also struggle to recall events clearly, increasing the risk of them providing an incomplete or inaccurate account.
What steps can your business take now?
Given the proposed extension of the tribunal time limit, you should take proactive steps to protect their organisation and strengthen their position in the event of a future claim.
Preserving evidence promptly
Following any grievance, disciplinary issue or employee relations incident, review and retain relevant evidence and take witness statements while details are still fresh, even if a claim hasn’t yet emerged. This helps ensure accuracy and enhances your defence at a tribunal.
Auditing internal processes
Review workplace grievance procedures alongside those for disciplinary and employee performance management procedures to ensure they are robust, legally compliant, and well-documented. Clear documentation helps ensure consistent handling of issues and demonstrates procedural fairness if challenged.
Upskilling your team
Consider providing training for managers and HR staff to equip them with the skills to manage disputes effectively, increasing your chances of resolving issues internally before they escalate. Training on the Tribunal process may also help improve their understanding and preparedness.
Improving record-keeping
Now is an opportune time for employers to review and, if needed, upgrade their file management systems. Robust-record keeping will be essential should it ever be relied upon. Ensure your processes for storing and managing data comply with legal obligations and data protection best practices.
Seeking professional support
Engage legal or HR experts, like WorkNest, when employee issues arise to ensure these matters are handled appropriately and compliantly. This'll minimise the risk of costly mistakes or procedural errors that could provide grounds for a claim.
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Reduce claims risk with WorkNest
Employment tribunal claims can be disruptive, daunting, and damaging to both your finances and reputation. Fortunately, they can often be avoided through early intervention, fair and consistent internal processes, and access to expert advice.
With WorkNest in your corner, you can reduce the risks associated with extended claims windows and improve your organisation’s ability to respond effectively should a claim arise. From unlimited expert guidance and compliant documentation to case management software, litigation support, and training, we’re here to we’re here to help you manage employee issues confidently and compliantly at every stage.
For support, contact our team today on 0345 226 8393.
