Britain tribunal deadlines after October 2026: does waiting for HR stop the clock?
Distinguish the old three-month and new six-month limits, the Scottish exception and Acas early conciliation, with exact calendar examples.
Reading body prepared:5 October 2026
Content review lead:Lemon
The direct answer: HR's process does not pause the deadline
An internal grievance, dismissal appeal, promised HR reply or payroll investigation does not stop an employment tribunal time limit. The rule is different for a timely Acas early-conciliation notification. As checked on 5 October 2026, most Great Britain claims concerning a problem on or after 1 October 2026 have an initial six-month-minus-one-day limit. Most earlier problems retain three months minus one day. The event date matters, not the date you discover a new guide or finish an appeal. This page concerns England, Wales and Scotland employment tribunals; Northern Ireland has a separate system.
Match the claim and event to the right starting date
For unfair dismissal, the relevant date is normally the employment termination date: the end of worked notice, or dismissal without notice, rather than the date an appeal is answered. For wages, it is normally the payday on which you were underpaid. For discrimination, identify the relevant act and whether alleged acts legally form continuing conduct; do not assume every older incident gains a new deadline from a recent complaint. Before 1 October, statutory redundancy pay and equal-pay claims already generally have six months minus one day. An employment tribunal breach-of-contract claim in Scotland retains three months minus one day for a breach before 9 November 2026; breaches on or after that date use six months minus one day. Civil-court contract claims have different rules.
Calendar example: one day can change the initial limit
Assume one ordinary wage shortfall and no early conciliation yet. Underpayment on 30 September 2026: add three calendar months and subtract one day, giving 29 December 2026 at 11:59pm. Underpayment on 1 October 2026: add six calendar months and subtract one day, giving 31 March 2027 at 11:59pm. These are the two examples confirmed in Acas's current time-limit guidance. Calendar months are not 90 or 180 days. For Scotland tribunal contract breaches, a breach on 8 November 2026 normally gives 7 February 2027, while a breach on 9 November normally gives 8 May 2027, before conciliation adjustments. If several claims or dates are involved, list each separately and protect the earliest plausible limit while its basis is checked.
| Assumed claim and event | Initial limit | Initial final date |
|---|---|---|
| Ordinary wages: 30 September 2026 | 3 months minus 1 day | 29 December 2026 |
| Ordinary wages: 1 October 2026 | 6 months minus 1 day | 31 March 2027 |
| Scotland tribunal contract breach: 8 November 2026 | 3 months minus 1 day | 7 February 2027 |
| Scotland tribunal contract breach: 9 November 2026 | 6 months minus 1 day | 8 May 2027 |
What notifying Acas does, and what it does not do
Most tribunal claims require an Acas notification before filing. Participation in settlement discussions is voluntary; notification and a certificate can still be needed if either side declines talks. Notify within the initial claim limit to obtain the applicable pause. Early conciliation can last up to 12 weeks, but do not automatically add 12 weeks to every deadline. If it ends without a settlement, Acas provides a certificate for your ET1 claim. Notification is not the tribunal claim itself and does not establish that you will win. The Acas conciliator is impartial and cannot decide your exact filing deadline or represent you. An initial helpline conversation is not a substitute for the required notification.
Worked example: the pause and one-month safeguard
Assume an ordinary wage claim about 1 October 2026, with an initial deadline of 31 March 2027. You complete the required Acas notification on 1 March 2027 (Day A) and receive the certificate on 20 March 2027 (Day B). For this Employment Rights Act claim, section 207B excludes 2–20 March inclusive: 19 days. Adding those 19 days to 31 March gives 19 April. The original 31 March limit falls within Day A to one calendar month after Day B; the one-month safeguard therefore gives 20 April 2027, later than the 19 April pause calculation. Do not subtract another day from that certificate safeguard. Record the actual certificate receipt date, not just its issue date. These assumptions are essential: late notification, other statutes, multiple claims or disputed receipt dates require a separate calculation. Filing earlier is safer than relying on the final day.
Prepare a one-page timeline and notify the correct employer
Write down the employment end date, each disputed payday or act, internal complaint and appeal dates, initial deadline, Acas notification confirmation and certificate receipt date. Add the exact employer or other respondent name and address from the contract, offer or payslip; do not substitute a brand name without checking the legal entity. Include a short explanation of the problem and what would resolve it. Acas's 'Notify Acas about making a claim to an employment tribunal' form is the relevant notification route. Save the submitted information and confirmation: the submitted form cannot simply be reopened and amended. If you cannot use the online form, call the early-conciliation team on 0300 123 1122, Monday to Friday 9am–5pm; you can ask for an interpreter.
Words to use while the internal complaint is still open
Write to HR: “I raised [issue] on [date]. The relevant event occurred on [date], and I am checking the external claim deadline separately. Please send the outstanding decision and calculation by [requested date]. I understand that the internal process does not suspend the employment tribunal deadline, so I may notify Acas while this complaint is still open.” This preserves a clear record without stating that Acas has already accepted or upheld a claim. For a deadline check, ask an adviser to confirm the claim type, jurisdiction, relevant event date, initial limit and the adjustment using the actual notification and certificate dates. A requested HR response date does not extend any legal limit.
After the certificate: submit the claim, not another HR reminder
If the dispute remains unresolved and you decide to claim, prepare ET1 and submit through the GOV.UK employment tribunal claim service within the adjusted deadline. You normally need the claimant and respondent names and addresses and an early-conciliation certificate number for each respondent. Save the completed claim and submission confirmation; drafting it or receiving an Acas certificate is not submission. There is no fee to make the tribunal claim, although representation and other case costs can arise. A COT3 settlement is legally binding and can close the settled claims, so check the scope before agreeing. Acas may continue settlement talks after filing, but those talks do not replace a timely ET1.
Urgent exceptions and an already missed limit
Some qualifying dismissals involving whistleblowing, trade-union activity or worker-representative roles can involve an interim-relief application with a seven-day limit. Do not apply the ordinary three- or six-month rule to that urgent application, and seek immediate claim-specific help. If a normal deadline has already passed, a tribunal can decide whether to accept a late claim, but extensions are not automatic and internal HR delay is not a safe reason to rely on. Preserve the dates and evidence explaining the delay and obtain urgent advice about the applicable test. The October change does not revive every older expired claim.
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References
Acas · early conciliation and time limits
This is our independently written reading guide. Reference details are recorded below.
https://www.acas.org.uk/employment-tribunal-time-limits
https://www.acas.org.uk/early-conciliation
https://www.acas.org.uk/early-conciliation/how-early-conciliation-works
https://www.acas.org.uk/notify-acas
https://www.gov.uk/employment-tribunals/make-a-claim
https://www.legislation.gov.uk/ukpga/1996/18/section/207B