30th September 2026
October 2026 Employment Law Reforms
October 2026 marks a significant milestone in the UK’s employment law landscape, with key changes to the Employment Rights Act 2025 coming into force.
This month’s blog highlights the changes and the practical steps employers should be considering now.
1st October 2026: Longer Tribunal Time Limits
From 1st October, the time limit for bringing Employment Tribunal claims will double from three months to six months under section 152 and Schedule 12 of the Employment Rights Act 2025.
In practical terms, employees will now have six months from the date of the act, omission or continuing course of conduct occurring on or after 1st October 2026 to bring a claim.
Naturally, this change is likely to result in an increase in claim volumes and may require employers to deal with allegations relating to events that occurred much further in the past. Given the existing Tribunal backlog, this could create additional challenges when evidence is no longer readily available or witnesses have moved on. On the positive side, the extended limitation period may provide more time for disputes to be resolved before formal proceedings are issued.
How to prepare:
- Review document retention policies as records that might have previously been discarded will need to be kept for longer.
- Audit investigation procedures to ensure they are robust enough to reconstruct events well after they have occurred.
- Train managers to document concerns consistently, as clear and contemporaneous records are the best defence.
30th October 2026: A Higher Bar For Preventing Sexual Harassment
From 30th October 2026, employers will be required to take “all reasonable steps” to prevent sexual harassment, building off the duty implemented on 26th October 2024 to take “reasonable steps” to prevent sexual harassment in the workplace under section 40A of the Equality Act 2010.
While the difference may appear subtle, it’s likely to have significant practical implications. Under the current regime, the question is whether an employer took reasonable steps. Under the new duty, employers will need to demonstrate that there were no further measures available that it ought to have taken. I.e. if a measure can be thought of, it will be questioned why that measure was not taken. Importantly, where an Employment Tribunal finds that an employer has breached the preventative duty, it may increase any compensation awarded by up to 25%. However, the government has made clear that what amounts to “all reasonable steps” will depend on factors such as the employer’s resources, sector, size and working environment.
Interestingly, although this enhanced duty is due to take effect from 30th October 2026, the more detailed regulations on how it should work are not expected until consultation has concluded in 2027 or 2028. In the meantime, we can continue to refer to the Equality and Human Rights Commission’s guidance and eight-step framework for pointers.
30th October 2026: The Duty To Prevent Third-Party Harassment
Similarly, from 30th October 2026, employers will also face liability for harassment of their employees by third parties (including clients, customers, suppliers, contractors and visitors) under section 21 of the Employment Rights Act 2025.
Importantly, this protection extends to harassment related to all protected characteristics (not just sexual harassment). As a reminder, the protected characteristics under the Equality Act 2010 are:
- Age
- Disability
- Gender Reassignment
- Marriage and Civil Partnership
- Pregnancy and Maternity
- Race
- Religion or Belief
- Sex
- Sexual Orientation
A particular noteworthy aspect of this new reform is that liability can arise from the outset. Specifically, there is no requirement for similar incidents to have happened before an employer becomes liable. Therefore, there is an obligation on employers to be prepared and proactive from day one to take reasonable steps to minimise the risk of third-party harassment before it occurs.
30th October 2026: Trade Union Reforms
A number of significant trade union reforms will also take effect on 30th October 2026.
As discussed in our previous blog exploring the upcoming trade union reforms, trade unions will gain a new statutory right of access to workplaces with more than 21 employees, including both physical locations and digital communication channels. The recognition framework will also be reformed, and new rights will be introduced for trade union equality representatives, including paid time off for equality-related duties. In addition, workers participating in industrial action will benefit from enhanced protections against detriment.
However, there has been an important change to the implementation timetable since our last update.
The requirement for employers to provide employees with a written statement explaining their trade union rights has been delayed from 30th October 2026 until January 2027. This is an interesting development given that many of the substantive trade union reforms will already be in force before employers are required to notify employees of their rights under the new regime.
Preparing For October 2026
With several significant reforms taking effect within a single month, employers should use this time now to review their policies, procedures and workplace practices. Key priorities will include reviewing documentation retention and record-keeping processes in light of the extended Tribunal time limits, refreshing harassment risk assessments and ensuring that managers are equipped to identify, prevent and respond to workplace issues effectively.
Employers should also assess whether their current approach to preventing harassment would meet the higher “all reasonable steps” threshold, including reviewing training, reporting mechanisms and workplace culture initiatives. Given the introduction of liability for third-party harassment, organisations should ensure expectations around workplace conduct are clearly communicated to external parties, whomever they are, with this being supported by clear reporting and escalation procedures for employees.
Finally, employers should begin preparing for the upcoming trade union reforms by reviewing onboarding documentation in preparation for January 2027, monitoring further government guidance, and identifying those who will be responsible for managing trade union engagement and workplace access requests.
