Home / Employment changes coming into force on 30th October
26th October 2026
Kevin McKenna, Partner
Employers should prepare now for changes taking effect this month under the Employment Rights Act 2025.
Key developments and practical steps are outlined below:
From 1st October, the primary time limit for bringing Employment Tribunal claims increased from three to six months.
The six-month limit applies only where the ‘relevant date’ falls on or after 1st October 2026. Claims with an earlier relevant date remain subject to the previous three-month limit.
Although the longer period may create uncertainty for employers, it also provides more time to resolve disputes before a claim is issued. The change does not affect the existing rules that pause time during Acas early conciliation or the Tribunal’s power to extend time where appropriate.
From 30th October 2026, the Trade Unions (Right to Access Workplaces) Regulations will give independent trade unions the right to request physical and digital access to workplaces employing 21 or more workers.
Employers must respond to an access request within 15 working days. A 25-working-day negotiation period will then allow the parties to agree matters such as designated areas, rooms, frequency and scope of access. Once terms are settled, both parties must notify the Central Arbitration Committee (CAC), which will record the agreement.
If the parties cannot agree, they may apply to the CAC, which will determine whether access should be granted.
Employers should identify who will manage access requests and decide in advance the areas, times, employees and scope to which access may extend. Early preparation will support a prompt and consistent response.
Separately, the proposed duty requiring employers to provide workers with a standardised statement on their right to join a trade union has been postponed from taking effect from 30th October 2026 to January 2027. Legislation in regard to this is expected to be put before Parliament in November 2026.
Employers already have a duty to take ‘reasonable’ steps to prevent sexual harassment. From 30th October, this will become a duty to take ‘all’ reasonable steps. A breach may lead the Employment Tribunal to increase discrimination compensation by up to 25%, while the Equality and Human Rights Commission may investigate and take enforcement action.
The duty will also extend to preventing third-party harassment, including sexual harassment, to comprise clients, consultants, contractors, agency workers, suppliers, visitors and any others who interact with employees.
What amounts to ‘all reasonable steps’ will depend on factors including the employer’s size, sector, working environment and resources.
Employers should review and, where necessary, update their harassment policies; introduce measures addressing third-party conduct; communicate a clear zero-tolerance approach; and provide accessible reporting procedures. Complaints should be handled promptly and appropriately to encourage reporting and enforce expected standards.
If you require advice on preparing for these changes, including trade union access requests, updated harassment policies or Employment Tribunal claims, please contact Kuits Employment team at [email protected] or 0161 832 3434.