This Order amends the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 to increase the time limit for employees to bring breach of contract claims before an employment tribunal.
It extends the period from three months to six months for claimants in England and Wales.
The provisions apply to individuals whose employment terminated on or after 1st October 2026, or whose last day of work occurred on or after that date in cases where no formal termination date exists.
Arguments For
The Order states that the time limit for presenting complaints to an employment tribunal regarding employees' contract of employment claims is extended from three months to six months.
Proponents, via the accompanying Explanatory Note, indicate that the effect of extending these time limits was evaluated in impact assessments associated with the Employment Rights Act 2025 to determine costs to businesses, stakeholders, and households.
The document framing suggests the amendment provides a longer window for claimants to initiate proceedings, aligning the contract claim period with other types of employment tribunal claims.
The legislation establishes clear transitional provisions to ensure legal certainty for claims arising before and after the commencement date of 1st October 2026.
Arguments Against
Legal commentators may note that doubling the limitation period could increase the volume of legacy claims, potentially placing additional administrative pressure on the tribunal system.
Employer groups might argue that a six-month window increases uncertainty for businesses regarding potential liabilities and may lead to difficulties in gathering evidence or witness testimony for older disputes.
Some legal scholars might query why the extension is limited to contract claims within the 1994 Order rather than a broader harmonization of all tribunal time limits, though the document does not address other claim types.
Affected parties may find the distinction in transitional provisions complex if they must determine exactly when the "effective date of termination" occurred relative to the October 2026 threshold.
- —(1) This Order may be cited as the Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026.
(2) This Order comes into force on 1st October 2026.
(3) This Order extends to England and Wales.
(4) In this Order, 'the 1994 Order' means the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994( 3 ).
This section establishes the official title of the legal instrument and sets its commencement date as 1st October 2026.
It restricts the geographic jurisdiction of the Order to England and Wales.
It also defines the 1994 Order as the primary legislation which these new provisions will modify.
- In article 7 of the 1994 Order (time within which proceedings may be brought), in paragraphs (a) and (b), for 'three' substitute 'six'.
This provision alters the existing time limits for initiating legal proceedings in an employment tribunal.
It replaces the word 'three' with 'six' in the relevant article of the 1994 Order, effectively doubling the months allowed for a claim to be filed.
This change specifically targets the timeline for employee contract claims.
- —(1) In this article, 'the effective date of termination'—
(a) in relation to an employee whose contract of employment is terminated by notice, whether given by their employer or by the employee, means the date on which the notice expires,
(b) in relation to an employee whose contract of employment is terminated without notice, means the date on which the termination takes effect, and
(c) in relation to an employee who is employed under a limited-term contract which terminates by virtue of the limiting event without being renewed under the same contract, means the date on which the termination takes effect.
(2) The amendments made by article 2 apply where—
(a) the effective date of termination of the contract giving rise to the claim occurs on or after 1st October 2026, or
(b) there is no effective date of termination and the last day upon which the employee worked in the employment which has terminated occurs on or after 1st October 2026.
This section provides the definitions necessary to determine when the new six-month limit applies.
It defines the 'effective date of termination' based on whether notice was given, if the contract reached its natural end, or if it was terminated summarily.
The section mandates that the extended time limit only applies to cases where the employment ended on or after the Order's commencement date of 1st October 2026.
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