Employment law changes in October 2026: what employers need to know

The latest reforms will have significant practical implications for employers across the UK.

Earlier this year, we looked at the first major employment law changes introduced in April 2026, including reforms to Statutory Sick Pay, parental leave and collective redundancy rules.

Employers now need to prepare for the next stage, which includes longer Employment Tribunal time limits, stronger duties to prevent workplace harassment and a package of changes to trade union rights.

Some of the changes take effect from 1 October, with a further group following on 30 October 2026.

Here, we look at the key changes and the practical steps employers should consider taking now.

Employment Tribunal time limits increase to six months

From 1 October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months to six months.

The extended time limit will apply where the relevant act or failure to act occurs on or after 1 October 2026. Where a complaint relates to a series of acts or failures, the six-month time limit will apply where the last of those acts occurs on or after 1 October 2026.

For breach of contract claims in England and Wales, the time limit will also increase from three to six months from 1 October 2026.

The process of bringing a claim, including the requirement to notify ACAS before starting most Tribunal proceedings, is not changing.

The longer time limit will give employees and employers more opportunity to resolve disputes internally or through conciliation before proceedings are issued. However, it also means employers may face a longer period of uncertainty following a dismissal, grievance or other workplace dispute as to whether a Tribunal claim has been presented.

Businesses should consider whether their approach to retaining HR records, emails, meeting notes and other relevant documents remains appropriate. Good record-keeping may become even more important where an employer is required to defend a decision several months after it was made.

Stronger duty to prevent sexual harassment

From 30 October 2026, employers must take "all reasonable steps" to prevent sexual harassment of their employees.

This strengthens the existing duty introduced in October 2024, which requires employers to take "reasonable steps" to prevent sexual harassment.

The change places greater emphasis on employers taking a proactive approach rather than simply responding  when an incident occurs.

What amounts to "all reasonable steps" will depend on the circumstances of the employer and workplace. Factors such as the size and resources of the business, the sector in which it operates, the working environment and the particular risks employees face may all be relevant.

The Government will also have the power to introduce regulations in the future specifying evidence-based steps employers should take to prevent sexual harassment.

Employers should therefore consider whether their existing measures are sufficiently robust. This could include reviewing anti-harassment policies, carrying out and regularly reviewing workplace risk assessments, providing appropriate training, ensuring employees know how to report concerns and making sure managers understand how complaints should be handled.

Simply having an anti-harassment policy in place is unlikely to be enough if an employer cannot demonstrate that appropriate preventative measures are being taken in practice.

Employers should also consider the potential financial consequences. Where an employee successfully brings a sexual harassment claim and compensation is awarded, an Employment Tribunal can increase that compensation by up to 25% if it finds that the employer has not taken "all reasonable steps".

Greater protection against third-party harassment

A further significant change from 30 October 2026 concerns harassment by third parties.

Employers will have an obligation to take active steps to prevent third parties, such as customers, clients, contractors, suppliers, service users, and members of the public, from harassing their employees. The protection is not limited to sexual harassment and extends to harassment related to other protected characteristics, subject to certain exceptions.

This is likely to be particularly important for businesses in sectors where employees regularly deal with members of the public or external clients, including hospitality, retail, leisure and professional services.

Employers should therefore consider third-party behaviour when assessing workplace harassment risks.

For example, businesses may need to consider how employees should report inappropriate behaviour by a customer or client, how managers should respond, whether employees know that third-party incidents should be reported and what action can be taken to prevent  incidents.

Matthew Irvine, head of employment and solicitor at SO Legal, said:

"The October 2026 changes mean employers will need to demonstrate that preventing harassment is something they actively manage, rather than simply having a policy in place. Employers should be looking at where risks arise in practice and consider  the behaviour of customers, clients and other third parties as well as employees and active steps they can take. September is a good opportunity to review existing arrangements and address any gaps in training for their managers and employees before the new duties take effect."

New duty to inform workers about trade union rights

From 30 October 2026, employers will also have a new duty to provide workers with a written statement informing them of their right to join a trade union.

Employers must provide the statement when a worker starts employment, alongside their written statement of employment particulars, and at other prescribed times.

Further detail on how the requirement will operate is being introduced through secondary legislation and guidance.

Employers should therefore be prepared to review their onboarding processes, employment documentation and HR procedures to ensure the required information is provided at the appropriate time.

New trade union workplace access rights

The Employment Rights Act 2025 also introduces new rights for independent trade unions to request access to workplaces to meet, represent, recruit and organise workers. Access can be physical, digital or a combination of the two.

Employers and unions will initially be expected to agree suitable access arrangements within a statutory framework. If agreement cannot be reached, either party can apply to the Central Arbitration Committee (CAC).

The CAC will oversee and enforce statutory access agreements and will have powers to impose penalties where agreements are breached.

Employers with fewer than 21 workers across all their workplaces will be exempt from the provisions allowing unions to use this statutory process to request access.

A statutory code of practice will provide further guidance on how workplace access should operate in practice.

Even businesses that do not currently have a recognised trade union should understand how the new framework works and consider who within the organisation would deal with an access request if one were received.

Further protections for trade union representatives and industrial action

Further trade union reforms will also take effect from 30 October 2026.

These include new rights and protections for trade union representatives, including changes relating to time off and facilities for carrying out trade union duties.

Workers will also receive stronger protection against being subjected to a detriment for taking protected industrial action.

The changes form part of a wider package of trade union law reforms under the Employment Rights Act 2025.

Employers with recognised unions, or those operating in sectors with significant union activity, should ensure managers and HR teams understand the new rules and review existing procedures where necessary.

What should employers do before October 2026?

With the next changes fast approaching, employers should use September to review their existing employment practices rather than waiting until the new rules take effect.

Priorities may include:

• Reviewing sexual harassment and anti-harassment policies.
• Carrying out or updating workplace harassment risk assessments.
• Assessing the risk of harassment by customers, clients and other third parties.
• Checking that managers have appropriate training on preventing and responding to harassment.
• Reviewing reporting procedures and how complaints are recorded and investigated.
• Considering whether HR records are retained for an appropriate period in light of the longer Employment Tribunal time limits.
• Preparing to update onboarding documents to reflect the new requirement to inform workers about trade union rights.
• Ensuring relevant managers understand the new trade union access regime.

Further regulations and guidance are expected in some areas, so employers should continue to keep their policies and procedures under review as the detail becomes clearer.

Further employment law changes are coming in 2027

October 2026 is not the end of the Employment Rights Act reforms.

Further significant changes are due in 2027, including major changes to unfair dismissal protection.

From 1 January 2027, the qualifying period for ordinary unfair dismissal will reduce from two years to six months. The existing statutory cap on compensatory awards for unfair dismissal will also be removed.

The changes mean employers should already be reviewing recruitment, probation, performance management and dismissal procedures rather than waiting until January.

You can read more in our earlier update on the new unfair dismissal rules and how businesses can prepare for 2027.

How our employment solicitors can help

The Employment Rights Act 2025 represents one of the most significant programmes of employment law reform in recent years, with further changes continuing to take effect throughout 2026 and 2027.

Employers should ensure their policies, procedures, and employment documentation keep pace with the new requirements.

If you need advice on how the changes could affect your business, contact our employment law solicitors. We can help you review your existing policies and procedures, identify areas that may need updating and prepare for the forthcoming reforms and provide training to your managers and staff.