Breach of contract claims in Scotland: the six month time limit

From Monday 9 November 2026, the time limit for bringing a breach of contract claim in an employment tribunal in Scotland increases from three months to six months. The change applies where your contract of employment ends on or after Monday 9 November 2026.

In England and Wales, the same change took effect on Thursday 1 October 2026. Below, we explain what a breach of contract claim is, what changes in Scotland and how to work out your deadline.

What a breach of contract claim is

Your contract of employment contains the terms your employer has agreed to, such as your pay, your notice period, contractual bonuses, expenses and contractual holiday pay. A breach of contract claim is a claim that your employer did not keep to those terms.

An employment tribunal can hear a breach of contract claim brought by an employee where the claim arises, or is outstanding, when the employment ends. Common examples include:

• notice pay not paid when you were dismissed without notice
• a bonus or commission due under your contract that was not paid
• expenses your employer agreed to repay and did not
• a contractual payment due on leaving that was withheld

A claim about a breach of contract while you are still employed cannot usually go to an employment tribunal. It goes to the civil courts instead.

What changes on Monday 9 November 2026

In Scotland, the tribunal's power to hear these claims comes from the Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994. Under the Employment Tribunals Extension of Jurisdiction (Amendment) (Scotland) Order 2026, the time limit in article 7 of that Order increases from three months to six months.

The longer limit applies where the contract ends on or after Monday 9 November 2026. Where the contract ended before that date, the three month limit applies.

Why the date differs from England and Wales

The rules for breach of contract claims in England and Wales are in a separate order, the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994. The change to that order took effect on Thursday 1 October 2026, at the same time as the change to most other tribunal time limits across Great Britain.

The Scottish order needed separate legislation. As a result, the six month limit for breach of contract claims in Scotland starts on Monday 9 November 2026.

Working out your deadline

For a breach of contract claim, the time limit is counted from the effective date of termination, which is usually the date your employment ended. Where there is no effective date of termination, the time limit is counted from your last day of work. The six month limit means you must make your claim within six months less one day of that date.

Before you make a claim, you must notify ACAS and take part in early conciliation. The time spent in early conciliation may extend the time limit. Check your dates carefully, and do not wait until the last weeks of the time limit to start.

Other claims in Scotland

The change on Monday 9 November 2026 concerns breach of contract claims only. For most other employment tribunal claims, such as unfair dismissal and discrimination, the six month time limit already applies where the act complained about happened on or after Thursday 1 October 2026. This applies in Scotland as it does in England and Wales.

Two examples

A warehouse supervisor in Glasgow was dismissed without notice in late November 2026. His contract gave him eight weeks' notice, and his employer paid him nothing in lieu of notice. Because his contract ended after Monday 9 November 2026, he had six months less one day from the date his employment ended to bring a breach of contract claim for his notice pay.

An office administrator in Edinburgh left her job on Friday 30 October 2026, and her employer did not pay a bonus due under her contract. Because her contract ended before Monday 9 November 2026, the three month limit applied to her breach of contract claim.

These are illustrative scenarios. They are not real Belonge clients or decided cases.

Time limits

For most claims where the act complained about happened on or after Thursday 1 October 2026, the time limit is six months less one day. Where the act happened before Thursday 1 October 2026, the time limit is three months less one day. Check the date of the event before relying on the longer limit. ACAS early conciliation may extend the time limit.