08/10/2026

GREAT BRITAIN: EMPLOYMENT TRIBUNAL TIME LIMITS EXTENDED TO SIX MONTHS

From 1 October 2026, the time limit for bringing most employment tribunal claims in Great Britain has increased from three months to six months. The new six-month time limit applies where the dismissal, act, conduct or failure complained of took place on or after 1 October 2026. Claims relating to events that occurred before that date remain subject to the previous three-month time limit.

To help tribunals determine which time limit applies, a new mandatory question has been added to the ET1 claim form. Claimants must now state the date of the most recent event they are complaining about. Employers should be aware that claims may now be brought much later than previously, potentially extending the period during which workplace records, witness evidence and documentation need to be retained and readily accessible.

GREAT BRITAIN: NEW DUTY TO INFORM WORKERS OF THEIR RIGHT TO JOIN A TRADE UNION TO COME INTO FORCE NOW ON 1 JANUARY 2027

On 25 September 2026, the Government published the Government response to the consultation on duty to inform workers of their right to join a trade union: executive summary. This confirmed that the new duty requiring employers to inform workers of their right to join a trade union will now come into force on 1 January 2027. This only applies to employees and workers in Great Britain.

The duty will require employers to give workers clear, neutral information about their right to join a trade union. The Government’s stated aim is to ensure workers know about that right, while keeping the process proportionate and workable for employers.

Form

The Government will provide a standard statement for employers to issue. Employers will not be able to amend it, except to add specific workplace information where required.

Employers will also have to include either a link to the Certification Officer’s list of trade unions or provide a copy of that list alongside the statement. Where recognised unions apply, the employer will need to include relevant factual information, such as the staff group, grade or workplace location covered.

Content

The statement will give workers clear and neutral information about their right to join a trade union. It is expected to cover what a trade union is, what trade unions do, details of the recognised unions or statutory access agreements where relevant in their workplace, and the worker’s statutory rights relating to union membership.

How the statement must be provided

For new workers, the statement must be provided directly at the same time as the written statement of employment particulars. For existing workers, employers may provide it directly or make it available indirectly, provided it remains reasonably accessible.

If an employer uses an indirect method, workers must be told where to find the statement.

Ongoing requirements

Where employers provide the statement directly to existing workers, they must do so annually by 5 April. Where they use an indirect method, the statement must remain continuously and reasonably available, and workers must receive an annual reminder explaining that it is available and where to find it.

Employers must also tell workers directly if the location of the statement changes. If there is a change to the identity of unions with recognition or statutory access agreements, the statement must be reissued within one month.

What employers should do now

Employers should start reviewing their onboarding documents and internal communication processes, so they are ready to issue the statement from 1 January 2027. They should also consider how the statement will be made available to existing workers and how annual reminders will be managed.

Once further details are provided, we will update members.

The position in Northern Ireland

Time limits

There are no corresponding proposals to increase the time limit from 3 to 6 months for presenting a claim to the Industrial and/or Fair Employment Tribunal in Northern Ireland at this stage.

Right to join trade union

In Northern Ireland, the Good Jobs Bill also proposes to expand the information that must be provided in the written statement. This is expected to include information on a worker’s right to join a trade union if they wish to do so. No further detail has been provided on how this would be implemented but we anticipate that it will be analogous to Great Britain. At this stage, it is unclear if the Good Jobs Bill will be progressed further in this mandate.