Employment Rights Act 2025: key changes taking effect in October 2026

The Government has published an updated implementation timetable for the Employment Rights Act 2025. Several significant changes are due to come into force in October 2026, although the final details of implementation remain subject to consultation.

Changes effective from 1 October 2026

Extension of Employment Tribunal time limits

• The time limit for bringing most Employment Tribunal claims will increase from three months to six months. For breach of employment contract claims in Scotland, the extended six-month time limit will apply from 9 November 2026.
• This change will give employees more time to pursue claims and may increase the likelihood of claims being brought in relation to historic workplace issues.

Changes effective from 30 October 2026

Harassment

• Employers will be required to take “all reasonable steps” to prevent sexual harassment of employees. This replaces the current requirement to take only “reasonable steps”, raising the standard expected of employers and requiring a more proactive approach to prevention.
• Employers will be under a new duty not to permit harassment of employees by third parties, such as customers, clients, contractors and visitors. Organisations will need to identify, manage and address risks arising from interactions with external parties.
• The Government will be given the power to introduce future regulations specifying evidence-based measures employers must take to prevent sexual harassment. These measures are likely to supplement, rather than replace, the overarching duty to take all reasonable steps.

Trade unions

• Employers will be required to inform workers of their right to join a trade union.
• Trade unions will gain enhanced rights of access to workplaces and workers.
• Changes will be made to trade union recognition and derecognition processes, including stricter rules on access and unfair practices, and a freeze on changes to the bargaining unit once an application has been made.
• Trade union representatives will benefit from new rights and protections.
• Workers will receive wider protection from detriment for participating in industrial action.

What employers should do now

Although these changes do not take effect until October 2026, employers should begin preparing now by:

• Reviewing and updating HR policies and procedures including harassment policies.
• Assessing risks arising from interactions with customers, clients and other third parties and creating clear records of the measures taken to prevent sexual harassment.
• Reviewing and updating trade union protocols and workplace access arrangements.
• Training managers on the new legal obligations and employee protections.
• Reviewing internal processes to minimise the risk of workplace disputes, Employment Tribunal claims and awards of compensation.

If you would like to discuss how these changes may affect your organisation, or if you require assistance updating your policies, procedures or training programmes, please get in touch with our employment law specialists Damian Kelly and Amita Chauhan.