Longer Tribunal Time Limits
From 1 October 2026, the time limit for most employment tribunal claims will increase from three months to six months, giving employees more time to pursue claims and extending periods of uncertainty for employers. In Scotland, the time limit for breach of contract claims will not extend until 9 November.
Stronger Harassment Prevention Duties
From 30 October 2026, employers will be required to take "all reasonable steps" to prevent sexual harassment, raising the legal standard and increasing the need for robust policies, training and preventative measures. In practical terms, organisations will need stronger evidence that they have actively sought to identify and address risks. Regular training, updated policies, effective reporting procedures, documented investigations and ongoing monitoring are expected to become increasingly important in demonstrating compliance.
Liability for Third-Party Harassment
Another major development is the introduction, from 30 October 2026, of employer liability for harassment committed by third parties where the employer has not taken all reasonable steps to prevent it. Third parties include customers, clients, contractors and visitors to the workplace. This is particularly significant for customer-facing organisations. Current safeguards should be reviewed along with reporting mechanisms and incident management procedures.
Our next employment law essentials webinar runs on 8 October and will focus on the harassment prevention duties and equality action plans. More information and details on how to register are available here. Details of MFMac's training on prevention of sexual harassment and third-party harassment are available here.
Expanded Trade Union Rights
New trade union measures taking effect on 30 October include:
Enhanced workplace access rights for unions
Changes to statutory recognition and derecognition procedures
Increased protections for trade union representatives
Additional rights to facilities, accommodation and paid time off for certain representatives
Wider protection against detriment for workers participating in industrial action
For employers with limited experience of union engagement, preparation will be particularly important. Management training should form a central part of readiness planning. The duty to inform workers of their right to join a trade union was also expected to come into force in October, but this has now been put back to January 2027.
Other Changes
October will also bring:
Establishment of the legislative framework for a Fair Pay Agreement Adult Social Care Negotiating Body in England.
Reintroduction of the two-tier workforce code within public sector outsourcing arrangements, aimed at reducing disparities between outsourced workers and transferred public sector employees.
Changes to obligations around workplace tipping arrangements are expected to take effect by the end of 2026.
Looking Ahead
The reform programme continues into 2027, including changes to unfair dismissal rights, fire-and-rehire practices, guaranteed hours arrangements and enhanced protections for pregnant employees. As indicated, the duty to inform workers of their right to join a trade union is also expected to come into force in January 2027.
What should employers do now?
Review policies, train managers, assess harassment risks and prepare for increased trade union rights. Although not in force until 1 January 2027, particular attention should be given to the unfair dismissal reforms. Any employee with six months or more service will be able to raise an unfair dismissal claim if the effective date of termination is on or after 1 January 2027. In addition, the cap on the compensation award for unfair dismissal claims is removed from 1 January. Organisations should already be examining recruitment practices, probation arrangements, capability procedures and performance management frameworks to ensure they remain fit for purpose under the new regime. Equally important is ensuring that line managers have the confidence and training necessary to address performance and conduct issues appropriately from the outset.
