Six months to bring a tribunal claim: why good HR records matter more than ever
Here’ s a typical employment scenario: an employee leaves your business following a difficult dismissal. They were unhappy with the outcome, but a few months pass and you hear nothing. You might reasonably think the matter is now closed. However, from 1 October 2026 employers may need to wait considerably longer before breathing that particular sigh of relief.
That’ s because the time limit for bringing most Employment Tribunal claims is increasing from three months to six months- that includes claims such as unfair dismissal and discrimination. For employers, this makes good HR processes and record-keeping more important than ever.
Six months is a long time, even if it seems to whizz by. Can you think back to a difficult employee situation from six months ago? Can you remember exactly what was said at each meeting? Can you recall why a particular decision was made? Do you have a record of what alternatives you considered? Probably not.
Managers move on, memories fade quickly and you might not easily recover the relevant emails. But if an ET1( Employment Tribunal claim form) arrives several months after an employee has left, the employer will need to explain decisions made considerably earlier than when the claim arrives on their desk.
One of my favourite sayings to clients is:‘ If it’ s not written down, it didn’ t happen.’ Having written records is so important because it means you can provide the evidence that you acted reasonably instead of struggling to remember and reconstruct things months later.
So, what are the steps to keep you prepared should you ever receive an ET1?
1. Follow your own procedures- use a fair and consistent disciplinary, grievance, capability or redundancy process rather than jumping straight to the outcome you want.
2. Make contemporaneous notes- record important conversations and meetings when they happen.
3. Document your reasoning- don’ t just record what you decided but also why. What evidence did you consider? Were alternatives explored? Why was the final outcome reasonable?
4. Keep the evidence- that means everything from relevant emails, meeting notes, investigation documents and correspondence.
5. Deal properly with complaints- take grievances and allegations seriously, investigate objectively and communicate the outcome clearly. A poorly handled grievance can create additional risk rather than resolve the original problem.
I hate bureaucracy just as much as the next person, but good HR practice isn’ t about creating paperwork for paperwork’ s sake – it’ s about being able to show that decisions were fair, reasonable and based on evidence.
From October, an unhappy former employee will have longer to decide whether to pursue a claim and businesses will therefore need HR processes and records capable of standing up to scrutiny for longer.
If you need support reviewing your disciplinary, grievance or dismissal procedures – or help managing a difficult employee situation before it escalates – you know where I am.
Ruth George- HR Consultant ruth @ ruthgeorge. com | 07899 920075
© Ruth George HR Consulting. This is not legal advice and is provided for general information only.
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