The Employment Rights Act 2025 continues to reshape the employment law landscape, with more significant reforms due to take effect in October 2026. With implementation dates fast approaching, now is the time to review policies, procedures and management practices to ensure your organisation is ready.
Below is a quick reminder of the key upcoming developments and practical steps you can take to prepare. Also, look out for more from HP, as we will be doing a deeper dive into the upcoming changes shortly, with more helpful guidance on steps you can take to ensure your business is prepared.
1 October 2026 - Longer time limits for Employment Tribunal claims
From 1 October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months to six months, which gives employees longer to bring claims. Coupled with the extended ACAS pre claim conciliation period and the Employment Tribunal delays, it could take a significant amount of time for a claim to reach your desk! Now is the time to ensure you have reviewed your document retention policies and how long employee records are retained.
30 October 2026 - Strengthened harassment duties
Employers will be required to take "all reasonable steps" to prevent sexual harassment of employees, strengthening the existing preventative duty. Very unhelpfully, Regulations specifying what will amount to reasonable steps are not expected until 2027!
There will also be a new duty to take all reasonable steps to present third party harassment (in respect of all relevant protected characteristics).
Some key recommended action points are:
- undertake a comprehensive risk assessment and use this to formulate an action plan;
- review policies and procedures on harassment and equal opportunities;
- review training in place;
- review reporting mechanisms and how complaints are investigated and monitored;
- review contracts and commercial arrangements with customers, contractors and suppliers.
30 October 2026 - New trade union rights
There are a number of changes coming into force aimed at strengthening the role of trade unions in the workplace and expanding unions’ rights to access workers. From 30 October 2026:
- Employers will be required to give employees written notice of their right to join a trade union (and we are waiting for Regulations to specify more information about what will need to be provided).
- Trade unions will have a new statutory right to access workplaces to meet, represent, recruit and organise workers, or to facilitate collective bargaining.
- There will be new rights to reasonable accommodation and facilities for trade union representatives, together with time off for union equality representatives to carry out their duties.
Steps you can take to prepare include:
- developing an internal process for handling access requests and identifying who will be responsible for responding and ensuring that they are aware of the time limits;
- training HR teams and managers on the new rights;
- review any existing union relationships and recognition arrangements;
- consider your employee relations/engagement strategy and whether to implement or improve alternatives to union representation, to make unionisation less attractive;
- prepare to issue workers with information on their right to join a union once the prescribed form is confirmed.
Nick Benton comments:
Employment law is continuing to change at an incredible pace. October will be here very shortly, and It is critical that employers take action now to avoid being caught out by the changes coming into force.
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