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Employment Rights Act 2025: unfair dismissal protection after six months starts on 1 January 2027. See what it means for your business

Employment Rights Act 2025Six months to bring a tribunal claim: what small employers should do now

Since 1 October 2026, someone who wants to take you to an employment tribunal has six months to start their claim for most types of complaint, rather than the three months it used to be. It sounds like a small, technical change but it means a disagreement can stay live for much longer, so the best thing you can do now is make sure your notes and records would still make sense to you in a year's time.

Why this matters more than it looks

Before someone can make a claim, they usually have to contact Acas first for what's called early conciliation, which is simply a free chance for both sides to try to settle things with an Acas officer in the middle. That process can now last up to 12 weeks and the person then has at least a month afterwards to file their claim. Put that together with the new six month window and you could hear about a problem the best part of a year after it happened.

That's a long time in a small business. The manager who handled it may have left, the details will have faded and the email you meant to save might have gone. When a dispute does come up, the question is rarely whether they acted fairly (usually they did) but whether they can show it.

Three things to put right this month

  • Keep your records for longer. Look at how long you keep meeting notes, emails, rotas and personnel files after someone leaves or after a dispute closes and stretch it so nothing important is deleted while a claim could still arrive. Holiday records already need keeping for six years under the new law, so it's a good moment to review everything together.
  • Write things down on the day. A short note after a difficult conversation, saying what was discussed and what was agreed, is worth far more than anyone's memory eight months later. Ask your managers to do the same and keep the notes somewhere everyone can find them rather than in one person's inbox.
  • Don't let grievances drift. A complaint that sits unanswered for weeks tends to grow and with a longer window to claim there's less reason for an unhappy employee to let it go. Acknowledge concerns quickly, meet promptly and give a clear written outcome.

Think about your leavers too

The six months generally runs from the date of the thing being complained about, so for a dismissal it's usually the last day of employment. That means anyone who left you after 1 October has longer to raise a claim than they would have done before and it's worth keeping their file intact rather than tidying it away.

A good example is a team member whose employment ends after a short, slightly rushed conversation. If you have a dated note of the concerns you raised, the support you offered and the reason for the decision, you are in a far stronger position than if all you have is a vague recollection and a final payslip. If you suspect something didn't go as well as it should have, it's often wiser to have a calm conversation early than to wait and hope.

The bigger picture

This change sits alongside the move to unfair dismissal protection after six months' service from 1 January 2027, so the two together make good record keeping one of the most useful habits you can build this year. You can see every date in our Employment Rights Act 2025 guide.

If you'd like a hand reviewing your record keeping, setting up the right HR system to keep everything in one place or handling a tricky grievance well, book your free 30 minute HR chat and we can talk it through.

This article is general guidance rather than legal advice and reflects the law at the date of publication. Sources: Acas, Acas early conciliation and the GOV.UK timeline.

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