Unfair dismissal time limit: 6 months from 1 October 2026
An unfair dismissal claim must reach the employment tribunal within 6 months beginning with the effective date of termination when that date is on or after 1 October 2026; before it, the limit is 3 months. Acas early conciliation, which comes first, can extend the deadline.
The rule
- Section 111(2) of the Employment Rights Act 1996: a complaint must be presented before the end of the period of 6 months (was 3) beginning with the effective date of termination, or within a further reasonable period where it was not reasonably practicable in time.
- Transitional rule: the longer limit does not apply where the effective date of termination is before 1 October 2026.
- Time limits for making a claim to an employment tribunal increase to 6 months on 1 October 2026 (for breach of contract claims in Scotland, on 9 November 2026).
Last day to claim, by effective date of termination
| Effective date of termination | Time limit | Last day |
|---|---|---|
| Tue 15 Sep 2026 | 3 months | Mon 14 Dec 2026 |
| Wed 30 Sep 2026 | 3 months | Tue 29 Dec 2026 |
| Thu 1 Oct 2026 | 6 months | Wed 31 Mar 2027 |
| Mon 30 Nov 2026 | 6 months | Sat 29 May 2027 |
| Mon 4 Jan 2027 | 6 months | Sat 3 Jul 2027 |
| Tue 31 Aug 2027 | 6 months | Mon 28 Feb 2028 |
Counting: the period begins with the effective date of termination itself, as in the example the Court of Session cited (EDT 8 April 2003, three months ending 7 July 2003).
The one-employee checker shows the time limit for the notice date you plan.
Sources
- Tribunal time limit: Employment Rights Act 2025, Sch. 12 para. 4(25): in s.111(2) of the 1996 Act "for 'three' substitute 'six'" — https://www.legislation.gov.uk/ukpga/2025/36/schedule/12/enacted; in force 1 October 2026 by SI 2026/954 reg. 3, not where the relevant date (for s.111, the effective date of termination) is before 1 October 2026 (reg. 4 and Schedule, table 1) — https://www.legislation.gov.uk/uksi/2026/954/made, read on 2026-09-30
- Counting the time limit: Court of Session, Pacitti Jones v O'Brien [2005] CSIH 56, para. 15, citing Pruden v Cunard Ellerman [1993] IRLR 317: with an effective date of termination of 8 April, the three months "beginning with" it expire on 7 July — https://www.scotcourts.gov.uk/media/j0ym05jv/2005csih56-pacitti-jones-vclaire-obrien.pdf, read on 2026-09-30
- Effective date of termination: Employment Rights Act 1996, s.97(1)(a) and (b) — https://www.legislation.gov.uk/ukpga/1996/18/section/97, read on 2026-09-30
- Time limit change (Acas): Acas, Employment Rights Act 2025 (last updated 28 September 2026) — https://www.acas.org.uk/employment-rights-act-2025, read on 2026-09-30
Frequently asked questions
- Is the unfair dismissal time limit 3 or 6 months?
- Six months where the effective date of termination is on or after 1 October 2026, three months where it is earlier (Employment Rights Act 2025 Schedule 12, in force by SI 2026/954).
- How are the six months counted?
- They begin with the effective date of termination, which counts as day one, so they end on the day before the same date six months later. The courts read three months beginning with 8 April as ending on 7 July.
- Does the statutory notice week move the time limit?
- No. The s.97(2) extension applies to the qualifying period (s.108(1)), not to the time limit in s.111. The limit runs from the effective date of termination under s.97(1).
- Does the change apply in Scotland?
- Yes, the unfair dismissal time limit changes in England, Wales and Scotland on 1 October 2026. Acas notes that for breach of contract claims in Scotland the change comes on 9 November 2026.
More guides
- Why acting at five months may be too late: the statutory notice rule
Section 97(2) adds the one-week statutory notice to the effective date of termination, so notice at five months and three weeks can land after protection starts.
- Unfair dismissal after 6 months: what changes on 1 January 2027
The qualifying period falls from two years to six months for dismissals with an EDT from 1 January 2027. Who is protected that day, by start date, with sources.
- Probation periods under the six-month rule
A six-month probation now ends on the day unfair dismissal protection starts. Probation end dates, last notice days and review points for 3 to 6 months.
Last updated 2026-09-30. Date calculator and templates based on the Employment Rights Act 1996 as amended by the Employment Rights Act 2025. Not legal advice. Continuity rules have exceptions; check with Acas or a solicitor before dismissing anyone. Not affiliated with Acas or the UK Government.