• Nicky

Six Months to Bring a Tribunal Claim: What Does This Mean for Employers 

You’ve dealt with a difficult employee situation. The meetings have taken place, the outcome has been confirmed and, as far as you’re concerned, the matter is finished. 

Then, months later, an Employment Tribunal claim arrives. 

You remember the situation and feel confident that you handled it fairly. But can you still find the notes, emails and other records that explain what happened? And if the manager involved has since left, would someone else be able to understand why the decision was made? 

With longer time limits now applying to most Employment Tribunal claims, it is a good time to think about what happens to your HR records once a matter appears to be closed. 

What Has Changed? 

From 1st October 2026, the standard time limit for most Employment Tribunal claims in Great Britain increased from three months minus one day to six months minus one day, where the relevant event falls on or after that date. Earlier events generally remain subject to the previous limits, although the rules depend on the type of claim and the dates involved. 

Acas Early Conciliation can also pause the clock where Acas is notified in time. This means employers should not assume that a matter is finished simply because six months have passed. Individual deadlines need to be checked, as different rules and exceptions can apply. 

For employers, this brings a practical question into focus: if a decision is challenged several months later, will you have the information you need to explain it? 

“We Did Everything Properly—But Where Are The Notes?” 

When you are closely involved in an employee issue, it is easy to feel that you will remember the details. 

You remember the conversations, the support you offered and the reasons for your decision. Perhaps you gave the employee more time to improve, explored other options or took their personal circumstances into account. 

But as time passes, those details become less clear. Other priorities take over, people move on and important emails become buried in an inbox. 

What felt obvious at the time may be much harder to explain later. 

Clear records help you show what you considered, how the employee was involved and why you reached the decision you did. 

Keep A Record Of How You Reached The Decision 

The outcome letter matters, but it is only part of the picture. The conversations and steps leading up to it are often just as important. 

Depending on the circumstances, your records should explain: 

  • What the concerns were and when they were raised. 

  • What evidence you considered. 

  • What the employee said in response. 

  • What support or alternative options you explored. 

  • Why you reached your decision. 

  • How any appeal was handled. 

This does not mean writing pages of notes after every conversation. It means keeping a clear, factual account of the points that matter. 

For example, “performance discussed” will tell you very little six months later. A note explaining the concerns, the employee’s response, the support agreed and when progress would be reviewed is far more useful. 

Make notes as soon as possible, date them accurately and keep facts separate from opinions. If you need to add something later, make it clear when and why it was added. 

Would Someone Else Know Where To Look? 

Even where good records exist, finding them can be a challenge. 

A meeting note might be in a manager’s notebook, correspondence in an email folder and an important exchange in Teams. Individually, each record may be useful, but together they explain the full situation. 

Think about what would happen if the manager involved were unavailable or had left the business. Could someone else find the relevant information and follow what happened? 

Keeping records together in a secure, organised case file, with access limited to those who need it, makes this much easier. Remember to include the policy or procedure that applied at the time. 

How Long Should You Keep The Records? 

The change is also a useful opportunity to review your retention arrangements. 

A six-month claim limit does not mean records should be deleted after six months. Equally, it does not mean you should keep all employee information indefinitely. 

How long you retain information should reflect what it is needed for and the relevant legal requirements. A clear retention policy helps ensure records are kept appropriately and reviewed when they are no longer needed. 

If a dispute or claim is anticipated, take advice before deleting anything that may be relevant. 

A Fair Process, Supported By Clear Records 

Good paperwork cannot put right an unfair process. It can, however, help demonstrate the care you took, the information you considered and the opportunities you gave the employee to have their say. 

Before you close your next HR case, ask yourself: 

“If this decision were questioned months from now, could someone else understand what we did and why?” 

Taking a little time to check the file now could save considerable time and difficulty later. 

At Rely Ltd, we support employers through difficult people decisions, helping them follow appropriate processes and keep clear records along the way. If you are unsure how to handle a workplace issue, or would like help reviewing your HR procedures, contact us at hr@rely.company.