See Full Document Text
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
STATUTORY INSTRUMENTS
2026 No. 758
EMPLOYMENT TRIBUNALS
The Employment Tribunal (Extension of Time
Limits) (Miscellaneous Amendments and
Transitional Provisions) Regulations 2026
Made - - - - 6th July 2026
Coming into force - - 1st October 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections
27B(1) and (5), 49B(1) and (4), and 236(5) of the Employment Rights Act 1996(1), sections 3(1) and
(3) and 19(1) and (3) of the Employment Relations Act 1999(2), sections 45(1) and (3) and 51(1) of
the Employment Act 2002(3) and section 42(1) and (4) of the Employment Relations Act 2004(4).
In accordance with section 236(3) of the Employment Rights Act 1996(5), section 42(2) of the
Employment Relations Act 1999, section 51(4) of the Employment Act 2002(6) and section 42(8)
of the Employment Relations Act 2004, a draft of these Regulations was laid before Parliament and
approved by a resolution of each House of Parliament.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Employment Tribunal (Extension of Time Limits)
(Miscellaneous Amendments and Transitional Provisions) Regulations 2026.
(2) These Regulations come into force on 1st October 2026.
(3) These Regulations extend to England and Wales and Scotland.
(1) 1996 c. 18. Section 27B was inserted by section 153(2) of the Small Business, Enterprise and Employment Act 2015 (c. 26)
(“the 2015 Act”) and amended by section 8 of the Employment Rights Act 2025 (c. 36) (“the 2025 Act”). A further amendment
will be made by paragraph 9 of Schedule 2 to the 2025 Act on a date to be appointed. Section 49B of the Employment Rights
Act 1996 was inserted by section 149 of the 2015 Act. There are amendments to section 49B but none is relevant.
(2) 1999 c. 26. Section 3 was amended by section 67 of the Employment Rights Act 2025 (c. 36). Section 19 was amended by
S.I. 2019/535.
(3) 2002 c. 22.
(4) 2004 c. 24. Section 42 was amended by S.I. 2019/535.
(5) Section 236(3) was amended by paragraph 42(3) of Schedule 4 to the Employment Relations Act 1999 (c. 26) and by sections
149(4) and 153(3) of the Small Business, Enterprise and Employment Act 2015 (c. 26). There are other amendments to
section 236(3), but none is relevant.
(6) Section 51(4) was amended by Part 1 of the Schedule to the Employment Act 2008 (c. 24).Document Generated: 2026-07-09
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Interpretation
2. In these Regulations—
“the 2000 Regulations” means the Part-time Workers (Prevention of Less Favourable
Treatment) Regulations 2000(7);
“the 2002 Regulations” means the Fixed-term Employees (Prevention of Less Favourable
Treatment) Regulations 2002(8);
“the 2004 Regulations” means the Information and Consultation of Employees Regulations
2004(9);
“the 2010 Regulations” means the Employment Relations Act 1999 (Blacklists) Regulations
2010(10);
“the 2015 Regulations” means the Exclusivity Terms in Zero Hours Contracts (Redress)
Regulations 2015(11);
“the 2018 Regulations” means the Employment Rights Act 1996 (NHS Recruitment - Protected
Disclosure) Regulations 2018(12);
“the 2022 Regulations” means the Exclusivity Terms for Zero Hours Workers
(Unenforceability and Redress) Regulations 2022(13).
Amendment to the 2000 Regulations
3. In regulation 8 of the 2000 Regulations (complaints to employment tribunals), in paragraph (2),
for the words from “three” to “six months)” substitute “six months”.
Amendment to the 2002 Regulations
4. In regulation 7 of the 2002 Regulations (complaints to employment tribunals etc.), in
paragraph (2), in the words before sub-paragraph (a), for “three” substitute “six”.
Amendments to the 2004 Regulations
5. In regulation 29(2) of the 2004 Regulations (right to time off: complaint to tribunals), in sub-
paragraphs (a) and (b), for “three” substitute “six”.
Amendments to the 2010 Regulations
6. In the 2010 Regulations—
(a) in regulation 7 (time limit for proceedings under regulation 5 or 6), in paragraph (1), for
“three” substitute “six”;
(b) in regulation 10 (time limit for proceedings under regulation 9), in paragraph (1), for
“three” substitute “six”.
Amendment to the 2015 Regulations
7. In regulation 3 of the 2015 Regulations (complaints to employment tribunals), in paragraph (2),
for “three” substitute “six”.
(7) S.I. 2000/1551, amended by S.I. 2014/386; there are other amending instruments but none is relevant.
(8) S.I. 2002/2034, amended by S.I. 2014/386; there are other amending instruments but none is relevant.
(9) S.I. 2004/3426, amended by S.I. 2014/386; there are other amending instruments but none is relevant.
(10) S.I. 2010/493, amended by S.I. 2014/386.
(11) S.I. 2015/2021, amended by S.I. 2015/2054.
(12) S.I. 2018/579.
(13) S.I. 2022/1145, amended by S.I. 2022/1181.
2Document Generated: 2026-07-09
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
Amendment to the 2018 Regulations
8. In regulation 5 of the 2018 Regulations (time limit for proceedings under regulation 4), in
paragraph (1), for “three” substitute “six”.
Amendment to the 2022 Regulations
9. In regulation 8 of the 2022 Regulations (complaints to employment tribunals), in paragraph (2),
for “three” substitute “six”.
Transitional Provisions
10.—(1) The amendments made by regulations 3 to 9 do not apply to cases where the relevant
date occurs before 1st October 2026.
(2) Where the complaint presented to the Employment Tribunal is made under regulation 8(1)
of the 2000 Regulations, or regulation 7(1) of the 2002 Regulations in the case of an alleged
infringement of regulation 3(1) or 6(2) of the 2002 Regulations, the relevant date is either—
(a) the date of the less favourable treatment or detriment to which the complaint relates, or
(b) where the act or failure is part of a series of similar acts or failures comprising the less
favourable treatment or detriment, the date of the last of them.
(3) Where the complaint presented to the Employment Tribunal is made under regulation 7(1)
of the 2002 Regulations, in the case of an alleged infringement of regulation 3(6), the relevant date
is either—
(a) the date on which other individuals were informed of the vacancy, or
(b) if there is more than one date, the last date on which other individuals were informed of
the vacancy.
(4) Where the complaint presented to the Employment Tribunal is made under regulation 29(1)
of the 2004 Regulations, the relevant date is either—
(a) the date on which the time off was taken, or
(b) the date on which it is alleged the time off should have been permitted.
(5) Where the complaint presented to the Employment Tribunal is made under regulation 9(1)
of the 2010 Regulations, regulation 3(1) of the 2015 Regulations or regulation 8(1) of the 2022
Regulations, the relevant date is either—
(a) the date of the act or failure to act to which the complaint relates, or
(b) where that act or failure is part of a series of similar acts or failures, the date of the last
of them.
(6) Where the complaint presented to the Employment Tribunal is made under regulation 5(1)
or 6(1) of the 2010 Regulations, or regulation 4(1) of the 2018 Regulations, the relevant date is the
date of the conduct to which the complaint relates.
Kate Dearden
Parliamentary Under-Secretary of State
6th July 2026 Department for Business and Trade
3Document Generated: 2026-07-09
Status: This is the original version (as it was originally made). This
item of legislation is currently only available in its original format.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend seven statutory instruments to extend time limits for presenting complaints
to the Employment Tribunal for specified matters from three months to six months.
Regulation 10 makes transitional provision so that the amendments made apply only where the act
or failure to act to which the complaint relates occurs on or after 1st October 2026. Provision is also
made so that where the complaint relates to a series of acts or failures to act, then the extended time
limits will only apply where the last of those acts or failures occurs on or after 1st October 2026.
Similarly, where the detriment or less favourable treatment complained of is a series of similar acts
or failures, the amendments made by these Regulations will only apply to cases where the date of
the last act or failure is on or after 1st October 2026.
A full impact assessment, which outlines the effect that extending Employment Tribunal time
limits will have on the costs to businesses, stakeholders, and households, is available as part of the
impact assessments for the Employment Rights Act 2025 (c. 36) and related secondary legislation
on www.gov.uk/guidance/employment-rights-bill-impact-assessments/ and from the Department for
Business and Trade, Old Admiralty Building, Admiralty Place, London, SW1A 2DY.
4