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• July 28, 2026

Employment Rights Act 2025: Tribunal time limits confirmed and new consultations launched

Key employment law developments continue under the Government's Make Work Pay agenda, including extended tribunal time limits and fresh consultations on workplace rights.

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Tribunal time limits extended from October 2026

Back in February, when we summarised the upcoming changes under the Employment Rights Act 2025, we noted that planned extensions to tribunal time limits would come into effect no earlier than October 2026.

Following Parliamentary approval of the relevant regulations and orders, we can now confirm that, from 1 October 2026 (mid-November in Scotland), the time limit for bringing certain employment tribunal claims will increase from three months to six months.

This includes claims relating to:

  • Breach of contract, including wrongful dismissal
  • Sums due under a contract of employment.

The extension also applies to tribunal claims concerning:

  • Fixed-term workers
  • Part-time workers
  • Collective consultation rights
  • Zero-hours exclusivity clauses
  • Blacklisting
  • NHS recruitment whistleblowing.

Transitional measures confirm that the new six-month time limit will apply where the relevant date of the claim falls on or after 1 October 2026.

Have your say on new employment consultations

The Government has launched a further series of consultations as part of its "Make Work Pay" programme and the implementation of the Employment Rights Act 2025.

Views are being sought from employers, workers, trade unions and members of the public.

If you would like to get involved in the topics below, you can follow the link and submit your views by the closing date shown:

Ending one-sided flexibility: Zero-hours contract reforms

Closing date: 25 August 2026. Consultation link here.

The consultation seeks views on:

•    Eligibility for guaranteed hours contracts
•    Appropriate reference periods for calculating guaranteed hours
•    Reasonable notice periods for shifts and shift changes
•    Compensation for cancelled, curtailed or rearranged shifts.

Employment rights for unpaid carers and parents of seriously ill children

Closing date: 1 September 2026. Consultation link here.

Time off for public duties

Closing date: 4 September 2026. Consultation link here.

The consultation seeks views on:

•    Which public duties should qualify for statutory time off
•    Proposed additions and removals to the existing list
•    How the entitlement should operate in practice.

Holiday pay compliance and enforcement

Closing date: 22 September 2026. Consultation link here.

Workplace monitoring technologies

Closing date: 30 September 2026. Consultation link here.

Equal pay and pay discrimination

Closing date: 27 October 2026. Consultation link here.

This consultation covers:

•    Pay transparency measures
•    Tribunal processes
•    Enforcement powers
•    Protections for ethnic minority and disabled workers.

Employment Rights Act 2025 – Allocation of Tips – consultation closed

Earlier this year, the Government undertook consultation into strengthening the law on tipping, as well as gathering views on the existing law and Code of Practice. A draft update to the Code has been published, with the expectation that this will come into effect with Parliamentary approval in October 2026.

The revised code now introduces:

  • Enhanced consultation requirements, including regular policy reviews and documented employee feedback.
  • A mandatory written tipping policy that must be accessible to all affected workers, including agency staff.
  • Greater focus on fair and objective allocation, with fixed or guaranteed distributions discouraged.
  • Clearer rules on what counts as a tip, preventing employers from sidestepping obligations by relabelling service charges.
  • Wider coverage and accountability, extending protections to agency and atypical workers and confirming employer oversight responsibilities, even where a tronc arrangement is used.
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