Tribunal time limits are doubling: what care providers need to know
A carer dismissed this October could bring a tribunal claim next summer, long after the manager who ran the hearing has left. From 1 October 2026, changes under the Employment Rights Act will give employees six months, rather than three, to bring most employment tribunal claims. For care home providers and regulatory scrutiny, disputes will stay live for longer so the records you keep today will decide whether you can defend that dismissal tomorrow.
What is changing?
At present, most tribunal claims, including unfair dismissal, discrimination, detriment and unlawful deductions, must be bought within three months less one day of the act complained of. From this October, the Employment Rights Act 2025 double that limit to six months for claims arising on or after that date. For claims that rely on a series of acts, such as recurring wage deductions, the extended limit will apply if the last act in the series falls on or after 1 October 2026.
ACAS early conciliation is still required, and conciliation can now last up to 12 weeks. Add the two together and the window for a claim stretches well into 2027.
Why care providers feel it more than most?
Adult social care runs on some of the highest staff turnover of any sector. By the time a claim arrives, the manager who chaired the disciplinary hearing, the carer who witnessed the incident and the administrator who took the notes may all have left. Safeguarding dismissals, made quickly and under regulatory pressure, will be examined months later with the benefit of hindsight. Pay claims are a particular exposure. Sleep-in arrangements, bank staff holiday pay and deductions for training or uniform costs can form a series that keeps time running. Tribunal backlogs mean some regions are already listing hearings years ahead, so the gap between event and evidence will stretch further still.
What to do before October 2026
Review document retention now. Investigation notes, disciplinary files, rotas, supervision records and payroll data need to be kept, retrievable and compliant with data protection rules, well beyond 12 months from the event. Take signed witness statements during the investigation rather than when the claim lands and record the reason for every dismissal decision at the time, including the alternatives considered. Build leaver contact details into your exit process so key witnesses can be traced. Providers that tighten record-keeping before October will be better placed to defend claims; those that wait may be left to defend claims with incomplete evidence.
Key takeaways
From 1 October 2026, most tribunal claims can be brought within six months rather than three. Acts arising before that date will be subject to the current three-month limit.
Extend HR record retention so investigation notes, rotas, supervision records and payroll data remain available and retrievable.
Capture witness evidence at the time to cater for staff turnover.