Employment Rights Act 2025: Key Changes for Employers from October 2026

Employees Will Have Longer to Bring Tribunal Claims

As of 1 October 2026, employees now have six months, rather than three months, to bring Employment Tribunal claims.

What this means for employers:

• Employment disputes may arise much later after an employee leaves.
• Record keeping will become even more important.
  Disciplinary, grievance, performance and redundancy records should be retained and easily accessible.
• Employers should review document retention policies to ensure they support the defence of potential claims.

Stronger Duty to Prevent Workplace Harassment

From 30 October 2026, employers must take "all reasonable steps" to prevent workplace harassment.

The duty will extend to:

• Sexual harassment.
• Harassment by customers, clients and contractors.
• Harassment relating to age, disability, religion or belief, sex and sexual orientation.

What employers should do now:

• Review anti-harassment and dignity at work policies.
• Ensure reporting procedures are clear and accessible.
• Provide training for managers and employees.
• Conduct workplace risk assessments.
• Keep records of preventative measures and training activities.

New Trade Union Rights

October 2026 will also bring expanded trade union rights.

Key changes include:

• Greater protections for employees taking part in protected industrial action.
• New rights allowing trade unions to engage with workers both in person and digitally.
• Increased rights and facilities for trade union representatives.

What employers should do now:

• Review employee relations procedures.
• Ensure managers understand how to respond to trade union access requests.
• Consider whether existing processes are fit for a more union-focused environment.

These changes represent further significant shift in the UK employment law landscape. Act now to review policies, train managers and strengthen employment practices so that your organisation will be better placed to manage risk and avoid costly disputes.

Read the full report here.

For further assistance please contact Jonathan Insley in the first instance

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