August 2026
The first change scheduled for implementation by 31 August 2026 is the introduction of electronic and workplace balloting for statutory trade union ballots. The new arrangements provide for trade union members to vote electronically or in person (with the employer's agreement) in certain statutory ballots. The change is intended to modernise ballot processes and employers should expect to see increased participation rates.
October 2026
October sees the most substantial set of employment law reforms since the Act came into force, with all employers being affected by them.
1. Extension of employment tribunal time limits
From 1 October 2026, the time limit for bringing most employment tribunal claims will increase from three months to six months. In Scotland, breach of contract claims will move to the six-month time limit from 9 November 2026. This gives a longer overall period in which claims may be pursued and may well result in early conciliation taking place later in the employment dispute timeline. This also provides employees with more time to seek legal advice and gather evidence. However, employers will face longer periods of uncertainty around whether an employee intends to take legal action and may find it more difficult to defend claims as key witnesses' memories fade or they leave the business.
2. Stronger duty to prevent sexual harassment
From 30 October 2026, employers will be required to take "all reasonable steps" to prevent the sexual harassment of employees. This strengthens the current legal requirement, which only requires employers to take "reasonable steps". The change raises the compliance threshold and is likely to require employers to demonstrate a proactive and well-documented approach to prevention, including training at appropriate intervals.
3. Liability for third-party harassment
A further significant reform is the introduction of employer liability for harassment by third parties, where the employer has failed to take all reasonable steps to prevent it. This includes customers, clients, contractors, patients in hospitals and other visitors to the workplace. The protection applies across all forms of unlawful harassment. This is a major expansion of employer responsibility, particularly in customer-facing sectors such as retail, hospitality, healthcare, transport and education.
Details of MFMac's training on prevention of sexual harassment and third-party harassment are available here.
4. Expanded trade union rights and employers' duties
A wide range of trade union reforms will take effect on 30 October 2026. These include:
- A new duty to inform workers of their right to join a trade union.
- Stronger trade union workplace access rights, both physically and electronically.
- Reforms to recognition and derecognition processes.
- Additional rights and protections for trade union representatives.
- Extended protection against detriment for workers taking part in industrial action.
This will affect all employers, whether they currently recognise a trade union or not. Employers need to ensure that they are ready to deal with (1) the new duty to inform workers of their right to join trade unions, and (2) workplace access requests. Training staff on these new rights is essential.
5. Other October 2026 changes
Additional measures planned for October include:
- Establishing the framework for a Fair Pay Agreement Adult Social Care Negotiating Body in England (this measure does not apply in Scotland).
- Reinstating the two-tier workforce code in public sector outsourcing arrangements. This is designed to prevent supplier and sub-contractor employees working on outsourced public sector service contracts from being treated less favourably than comparable employees who were transferred from the public sector.
Looking ahead
New requirements relating to tipping policies, including consultation with workers and periodic policy reviews, are expected to take effect by the end of the year.
Employment law changes will continue into 2027, starting in January with reforms to unfair dismissal law and compensation, and fire and rehire practices. A wide range of other measures are also expected to take effect during 2027.
What should employers be doing?
The priority over the coming months should be preparation. Policy reviews, manager training, employee communications and risk assessments undertaken now will help employers meet their new obligations and reduce the risk of litigation, employee relations issues and regulatory scrutiny.
With reference to the unfair dismissal changes, the right to claim unfair dismissal will apply to all employees with six months' service or more from 1 January 2027. This will mean that any employees employed on or before 1 July of this year will be able to raise an unfair dismissal claim if they are dismissed on or after 1 January 2027. Employers should be reviewing recruitment procedures, probationary periods and performance management procedures to take these changes into account. Line managers should also be trained on the new rules.
Our webinars
We are running two essential employment law webinars focusing on the upcoming changes. On 24 September we will be looking at all of the key October changes and then, on 8 October, we will be focusing on the new harassment prevention duties and equality action plans. To register and for more information on these and our other upcoming webinars, see employment law webinars.
