Important Employment Law Changes from October 2026: What’s on the Horizon?

Implementation of the Employment Rights Act 2025 (ERA25) continues apace and next month sees a series of changes for employers.

This briefing explains the increased responsibilities for employers including:

• changes to the time limit for employees to bring Employment Tribunal claims;
• increased obligations on employers to prevent harassment; and
• changes to the Right to Work check regime

Read on to find out what practical actions you can take to best protect your organisation.

EFFECTIVE 1 OCTOBER 2026:

Increase in time limit for Employment Tribunal claims:

From 1 October 2026, one of the ERA25’s more significant changes comes into force: the time limit for employees to bring a claim to the Employment Tribunal will increase from 3 to 6 months. The stated intention behind this change is to allow employees and employers more time to resolve disputes internally or through the conciliation process and to consider the merits of bringing a claim to an Employment Tribunal.

What should you do now?

• Keep an accurate record of relevant correspondence, meetings or discussions, as well as personnel and training records for 2 years after termination; and
• Review retention periods under your staff privacy notice

NB: for breach of contract claims in Scotland, this change will commence on 9 November 2026.

Right to Work regime:

The Home Office has published guidance regarding proposed changes to the Right to Work regime, which are expected to widen the scope in which checks are required and extend liability for businesses, particularly those who engage subcontractors, workers and gig economy staff.

If you’d like to learn more about these changes and how they may affect your organisation’s practices, please click here to read an informative blog written by our Legal Director, Emma Cousins.

EFFECTIVE 30 OCTOBER 2026:

Increased trade union obligations and protections:

From 30 October 2026, both employers’ duties and employees’ protections in respect of trade union measures will undergo extensive changes. In particular, trade union officials and representatives will be afforded new rights and protections, including in relation to the provision of reasonable accommodation and other facilities and the right to time off. Additionally, protections against detriments for taking industrial action will also be extended.

In addition to strengthening trade union’s access to workplaces, there will be a reform to access and unfair practices during the recognition and derecognition process and all remaining trade union recognition measures.

In a last-minute change to the Government’s proposals, the duty to inform workers of their right to join a trade union (which was expected to be implemented from 30 October 2026) has been pushed back to January 2027. We will provide detailed guidance about the effect these changes will have on your employment practices in due course.

What should you do now?

• As we are awaiting further details, it is important to ensure that you have time set aside later in October to consider the details which are yet to be confirmed and to implement practical and policy changes as required

Strengthened protections against harassment in the workplace:

Prevention of Sexual Harassment:

Employers are already under a positive duty to take reasonable steps to prevent sexual harassment in the workplace, but from 30 October 2026, this duty will be extended to require employers to take ‘all reasonable steps’ to prevent sexual harassment of their employees. What constitutes ‘all reasonable steps’ will depend on the specific circumstances of the employer (for example, the size, industry and other relevant factors), but your organisation must be able to show that it has done all that is reasonable to prevent harassment.

On 30 October 2026, there will be a power introduced that will enable regulations to be implemented at a later date, which will more specific guidance on the steps employers must take in relation to this duty.

What should you do now?

• Update your prevention of sexual harassment policy;
• Ensure routine monitoring of your prevention of sexual harassment risk assessments;
• Inform your senior leadership / management team about the strengthened obligations; and
• Ensure that robust action is taken in relation to any anticipated risks or incidents

Prevention of Third-Party Harassment:

In addition, employers will be under an obligation not to permit third party harassment of their employees on the grounds of any protected characteristic. Whilst you may have less control over the steps you can take in relation to the actions of others, you should give careful consideration to the nature of any contact with third parties, the type of third party, frequency and environment and what proactive measures you can put in place to mitigate the risks.

Examples of preventative actions you could take:

• Implement a ‘code of conduct’ for third parties dealing with your organisation, setting out expectations that staff will not be subjected to harassment by others;
• Share your ‘code of conduct’ with external visitors prior to or upon arrival at the workplace;
• Provide clear avenues for individuals to report such harassment and take those concerns seriously; and
• Raise awareness within the workplace

What should you do now?

• Consider what actions might be appropriate for you to take to prevent third-party harassment in your organisation;
• Expand your risk assessments to include the risk of harassment by third parties;
• Update your anti-bullying and harassment policy and any related guidance
  • You may also have a provision covering third-party harassment in your prevention of sexual harassment policy; and
• Ensure that there are effective systems in place to address any concerns or incidents.

EFFECTIVE IN OCTOBER 2026 (date TBC):

• Regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body in England
• Reinstatement of the two-tier code to ensure employees outsourced from the private sector are offered no less favourable terms and conditions to employees transferred from the public sector

What should you do now?

• While we await further information, continue with your current practices

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To get ahead of the curve of the proposed changes to your employment practices, we recommend that you undertake a review your organisation’s policies and procedures, in particular the offboarding procedure, and employment contracts. We would be more than happy to support your organisation through the next tranche of ERA25 changes and so please contact us on 01904 437680 to discuss.