The October 2026 Employment Rights Act Changes: What Employers Should Be Reviewing Now

The UK's Employment Rights Act reforms continue to be implemented in phases, with another significant set of changes expected to take effect from October 2026. While some aspects are still subject to final regulations and guidance, the direction of travel is clear: employers will be expected to take a more proactive approach to workplace protections, compliance, and employee relations.

For many businesses, particularly SMEs, October may feel some distance away. However, waiting until the final guidance is published could leave organisations scrambling to update policies, train managers, and adjust processes at short notice.

The good news is that there are practical steps employers can start taking now.

What Changes Are Expected in October 2026?

Several key areas are scheduled to come into force as part of the next phase of the Employment Rights Act implementation programme.

These include:

• Stronger duties to prevent workplace sexual harassment

• New employer responsibilities relating to third-party harassment

• Additional trade union information and access rights

• Extended time limits for bringing many Employment Tribunal claims

• Further workplace protection reforms linked to ongoing consultations and regulations

While some of the detail is still being finalised, employers already have enough information to begin reviewing whether their existing HR documentation and management practices remain fit for purpose.

A Higher Bar for Preventing Sexual Harassment

One of the most significant changes is the strengthening of the current duty on employers to prevent workplace sexual harassment.

Since October 2024, employers have been required to take "reasonable steps" to prevent sexual harassment. From October 2026, the expectation is anticipated to move to taking "all reasonable steps", creating a more demanding standard.

In practice, employers may wish to consider:

• Reviewing anti-harassment policies

• Refreshing employee training programmes

• Providing specific manager training

• Reviewing reporting mechanisms

• Carrying out workplace risk assessments

• Ensuring complaints are investigated consistently and appropriately

Tribunals are increasingly looking beyond whether a policy exists and considering whether employers have actively embedded preventative measures throughout the organisation.

Third-Party Harassment Returns to the Spotlight

Another major development is the introduction of employer liability relating to harassment by third parties.

This means employers may need to take reasonable preventative steps where employees interact with:

• Customers

• Clients

• Contractors

• Suppliers

• Service users

• Members of the public

The proposed protections are expected to apply across protected characteristics under the Equality Act and represent a significant shift for sectors where customer-facing roles are common, such as hospitality, retail, leisure, healthcare and transport.

Businesses that currently rely on reactive approaches may wish to consider whether proactive risk management measures are needed.

Longer Tribunal Time Limits

Employers should also be aware of planned increases to Employment Tribunal limitation periods.

Many claims that currently have a three-month time limit are expected to move to six months.

Although this may appear to be an administrative change, it could have significant practical consequences.

Longer limitation periods may increase the likelihood of claims being pursued and could mean employers need to retain documentation and evidence for longer periods while maintaining clear records of decision-making processes.

Areas worth reviewing include:

• Investigation records

• Grievance files

• Disciplinary documentation

• Recruitment records

• Performance management evidence

• Notes relating to workplace disputes

Good documentation has always been important. These changes make it even more valuable.

Trade Union and Employee Information Requirements

October 2026 is also expected to bring further reforms relating to trade union rights and information requirements. Employers may be required to provide workers with information regarding their right to join a trade union, while recognised unions may receive enhanced workplace access rights.

Although these reforms will affect organisations differently depending on their workforce structure, businesses should familiarise themselves with the requirements and assess whether any internal documentation or onboarding processes need updating.

Key Documents Employers Should Be Reviewing Now

Rather than waiting for implementation dates, employers may find it useful to undertake a broader HR compliance review.

Documents and processes worth reviewing include:

Policies

• Anti-harassment policy

• Dignity at work policy

• Grievance procedures

• Disciplinary procedures

• Whistleblowing policy

• Equality and diversity policy

Contracts and Documentation

• Employee handbooks

• Management guidance documents

• Induction materials

• Reporting procedures

Training

• Manager training

• Workplace behaviour training

• Investigation skills training

• Harassment awareness training

Record Keeping

• Investigation documentation

• Personnel records

• Risk assessments

• Training completion records

Taking action now can make implementation significantly smoother later in the year.

Why Early Preparation Matters

One of the challenges with employment law reform is that employers often focus solely on the legal changes themselves.

In reality, many of the risks arise because supporting documentation, manager capability and workplace processes fail to keep pace with new requirements.

By reviewing procedures now, employers can:

• Reduce compliance risks

• Support managers more effectively

• Demonstrate proactive action

• Improve workplace culture

• Increase consistency in decision-making

• Build confidence ahead of implementation

Most importantly, businesses can avoid a last-minute rush when final guidance is published.

Webinar

We will be covering this topic in more detail in our upcoming webinar on 1st September 2026, focusing on the key changes expected to take effect in October 2026 with the Employment Rights Act 2025.

Whether you have an in-house HR team or rely on external support, this session will help ensure you're not caught out by the next phase of employment law reform.

View webinar details and register →

Final Thoughts

While some details remain subject to further consultation and guidance, employers do not need to wait before starting preparations. Reviewing policies, refreshing manager training, assessing workplace risks and reviewing HR processes now will help businesses adapt more smoothly and confidently when the changes take effect.

For many organisations, the coming months provide an ideal opportunity to carry out a wider HR health check and ensure employment practices remain aligned with evolving legal requirements.

And if you'd like further guidance, our upcoming webinar offers a practical opportunity to understand the changes and start planning your next steps with confidence.