Business owners are being urged to review their record-keeping arrangements ahead of a change that could leave them facing an Employment Tribunal claim nine months or more after a workplace dispute.

From 1 October, the deadline for bringing most tribunal claims will rise from within three months of the act complained about to within six months. Employment lawyers at Smith Partnership say the change makes it more important for businesses to know what records they hold and how formal and informal concerns relating to, or decisions made about, an employee are documented, as well as what happens to an employee’s records after they leave.

Katie Bullimore, an employment solicitor at Smith Partnership, said employers should review their data protection policies alongside their employment procedures.

“The employers most affected will be those that do not consistently follow their policies and processes or keep proper records,” she said. “If a complaint arrives many months later, they may struggle to establish what happened, including whether an employee raised an informal concern with a manager, for example, during a one-to-one meeting that was not documented.

“Employers should also check that they retain records for long enough, whilst ensuring that they comply with data protection rules around data retention. That may involve reviewing data protection policies covering records about both current and former employees, alongside their employment policies.”

The longer claim deadline will apply to relevant acts occurring from 1 October 2026. It will not extend the deadline for claims concerning earlier incidents.

“If someone experiences discrimination in the workplace on 29 September 2026, the existing three-month deadline will still apply,” Katie said. “If it happens on 5 October 2026, they will have until 4 April 2027 to bring the claim, subject to time spent in Acas Early Conciliation.”

In almost all cases, employees must notify Acas via the Early Conciliation scheme before bringing a tribunal claim. Early conciliation can last up to 12 weeks, potentially extending the time before an employer receives a claim. Tribunals will also retain discretion to extend some claim deadlines in certain circumstances.

“In practice, an employer could therefore be left waiting nine months or more after an incident before a claim reaches the tribunal,” Katie said. “A grievance may appear to have been resolved, only for a tribunal claim to arrive six, nine or perhaps more months later.”

Katie continued that business owners do not necessarily need to change how they handle grievances, performance issues or employee exits. They do need to consider whether someone could reconstruct what happened if a complaint is made much later.

“Employers should be mindful that more time may pass before a claim is heard,” she said. “Memories fade, and any final hearing may be further away, particularly given existing tribunal backlogs. Good meeting notes, minutes and other records will be important.”

Their advice is now that employers should resolve concerns promptly where possible and make sure their records show how a complaint was handled, including when it was raised informally. The review is about retaining relevant information for a justified period, rather than keeping every staff record indefinitely.