October marks the next phase of employment law reform under the Employment Rights Act 2025, with employers facing a number of important changes that could impact workplace policies, procedures and risk management.
Key changes
- Time limits: The time limit for bringing a claim in the employment tribunal will be extended from 3 months to 6. Although this is subject to commencement legislation (and more details are needed), it is likely this will apply for causes of action which take place after 1 October 2026 only.
- Trade union rights: A number of new trade union rights are expected to come into force from 30 October 2026, including a new right of access and a right to a statement of trade union rights.
- New duty to inform staff of trade union rights: employers must provide workers with information about their right to join a trade union. The exact form is subject to further guidance.
- Trade union access rights: independent unions gain new rights to access workplaces (including digital access) for recruitment, representation and organising purposes.
- Expanded trade union protections: reforms to recognition processes, union representative rights, facility time and protection against detriment for taking industrial action.
- Stronger sexual harassment obligations: the duty to prevent sexual harassment rises from taking “reasonable steps” to “all reasonable steps”.
- Third-party harassment liability returns: employers may be liable for harassment of workers by clients, customers, contractors and other third parties unless they have taken all reasonable preventative steps.
What employers should be doing now
- Review anti-harassment policies, training and reporting procedures.
- Consider third-party harassment risk assessments.
- Prepare onboarding processes for the new trade union rights statement.
- Develop a protocol for responding to trade union access requests.
- Factor longer tribunal limitation periods into internal pro
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