Another wave of significant employment law changes is introduced in October 2026 under the Employment Rights Act 2025. This includes a longer window to bring tribunal claims, liability for third party harassment, and new trade union rights. Here is what has already changed this month, what changes on 30 October, and what employers should do now.
In brief
Already in force (since 1 October)
- The ordinary time limit for employees and workers to bring most tribunal claims has doubled from three to six months, in broad terms in relation to events on or after that date.
From 30 October
- Employers must take 'all' reasonable steps to prevent sexual harassment.
- Employers will become liable for harassment of their staff by customers, clients and other third parties.
- Independent trade unions will be able to request physical and digital access to workplaces, whether or not the employer recognises them.
- Statutory trade union recognition rules will tighten, union reps gain rights to facilities and time off, and workers will be protected from any detriment for taking lawful industrial action.
What changed on 1 October 2026
Time limits doubled for employment tribunal claims
On 1 October 2026, the three-month time limit for bringing most employment tribunal claims doubled to six months. The new limitation period only applies to claims where, in broad terms, the date of the alleged mistreatment falls on or after 1 October 2026. Existing rules on extensions of time - whether through Acas early conciliation or the employment tribunal's discretion - are unaffected by this change.
Employers should consider the practical consequences of the longer limitation period, including on document retention, witness evidence and settlement negotiations. For more information, read our article: What the extension of employment tribunal time limits means for employers.
What changes on 30 October 2026
Sexual harassment: all reasonable steps
An employer's proactive duty to prevent sexual harassment is strengthened: employers must take 'all' reasonable steps to prevent sexual harassment in the workplace (up to now, the duty has required employers to take 'reasonable steps').
Employers should treat the existing 'reasonable steps' baseline as the minimum. Satisfying the new higher threshold in practice depends on the specific circumstances of each employer including their size, sector, resources and working environment. In particular, employers should keep their risk assessments under regular review and adopt an active prevention strategy, using systems to track harassment complaints, outcomes, and preventative measures taken.
Third-party harassment
Employers become liable for harassment of their staff by customers, clients and other third parties. This covers harassment related to any relevant protected characteristic, not just sexual harassment. Employers avoid liability only if they can show they took all reasonable steps to prevent it. Among other things, employers should review customer-facing policies and training. For more information on how employers can prepare, read our article: Harassment under the Employment Rights Act 2025: What are the key changes employers need to be aware of?
Trade union workplace access
Independent trade unions gain the right to request access to workplaces (both physically and digitally), whether or not any of the workplace's workers are trade union members, and whether or not the employer recognises a union. The statutory timetable for responding to a union's access request is short, so employers should settle on their approach before a request lands. For more information, read our article: The new trade union right of access: what employers need to do now.
Wider trade union reforms
The statutory recognition process changes in two key respects. The ban on unfair practices, such as threats, inducements or undue influence, applies from the moment the Central Arbitration Committee (CAC) accepts a union's application, not just during the recognition ballot. In addition, once the CAC receives an application, the bargaining unit is also frozen: employers can still recruit, but new joiners will not count or vote in the ballot.
Employers must, on request, provide union officials and learning representatives with reasonable accommodation and facilities for their union work. Equality representatives of recognised unions also gain a new right to paid time off and to reasonable accommodation and facilities. An updated Acas Code of Practice, expected to take effect on 30 October, sets out what is reasonable.
Under regulations approved by Parliament and due to take effect on 30 October, workers will be protected from any detriment short of dismissal, such as loss of overtime or disciplinary action, aimed at preventing, deterring or penalising their taking part in protected industrial action. Proportionate pay deductions for strike days remain lawful.
How Mishcon de Reya can help
If you would like more information or support on the October changes, or on the other reforms being introduced by the Employment Rights Act, please get in touch with your usual Mishcon de Reya contact or with a member of the Employment team.