Employment Rights Act: October 2026 changes

The Employment Rights Act 2025 (ERA) is introducing one of the most significant programmes of workplace reform in decades, with changes being implemented in stages across 2026 and 2027.

Colleagues at a work meeting reading and discussing written legal changes

Employment law

Published: 11 June 2026•6 minutes read

Following the first wave of reforms introduced in April 2026, employers now face a further set of changes expected to take effect from October 2026. This second wave places greater emphasis on employer responsibilities - particularly around harassment prevention, trade union rights and workplace protections.

With October fast approaching and several of the changes still subject to finalised regulations and codes of practice, businesses should begin reviewing their policies, procedures and management practices now rather than waiting for every detail to be confirmed.

Summary

From October 2026, the Employment Rights Act 2025 introduces a second wave of reforms focused on harassment prevention, trade union rights and workplace protections.
The duty to prevent sexual harassment rises from "reasonable steps" to "all reasonable steps," and a new duty covers harassment by third parties.
Employers must give workers a standalone written statement on the right to join a trade union, and unions gain new workplace access rights (firms with fewer than 21 employees are exempt).
Tribunal time limits for most claims are set to rise from three to six months, "no earlier than" October 2026.

October 2026 changes

Sexual harassment

The current duty on employers to take reasonable steps to prevent sexual harassment in the course of employment is being strengthened. From October, this becomes a duty to take all reasonable steps - a higher and more proactive standard that will require employers to go further than simply having a policy in place.

The government has the power to make regulations clarifying what "all reasonable steps" means in practice, but these are not expected until 2027 or 2028. In the meantime, the EHRC's technical guidance on sexual harassment and harassment at work provides the most useful practical benchmark for employers assessing whether their current measures are sufficient.

Third-party harassment

A new duty will require employers to take all reasonable steps to prevent harassment of their employees by third parties - meaning anyone other than the employer or a fellow employee, such as contractors, suppliers, clients, customers, service users, passengers, patients, members of the public and residents. This covers harassment related to all relevant protected characteristics: age, disability, gender reassignment, race, religion or belief, sex and sexual orientation.

Third-party harassment protections were removed from statute in 2013, so this represents a significant restoration of workplace rights. The "all reasonable steps" standard mirrors the strengthened duty introduced for sexual harassment (see above), and employers should consider both duties together when reviewing their harassment prevention measures.

Duty to inform workers of right to join a trade union

Employers will be required to inform their workers of their right to join a trade union. This must be provided as a standalone written statement - it cannot be incorporated into the written statement of particulars of employment (the Section 1 statement) or other standard onboarding documents.

The statement must include: the functions of trade unions, a summary of workers' rights in relation to union membership, a list of any trade unions recognised by the employer, and a signpost to the relevant government website for further information.

Regulations will set out the precise content of the statement, how it must be issued to both new and existing workers, and how frequently it must be reissued. The obligation to inform existing workers - not just new starters - means employers should not treat this as a one-off onboarding task.

Trade union right of access

Trade unions will have new rights to access workplaces - both physically and digitally (including, for example, the ability to communicate with workers via email or virtual meetings).

To start this process, a union must make a written request to an employer seeking access. The employer then has 15 working days to issue a written response, followed by a negotiation period of 25 working days to allow for the parties to agree the terms of access. If no agreement is reached, the union has 55 working days from the date of the initial request to refer the matter to the Central Arbitration Committee (CAC), which has the power to impose access terms.

Please note - employers with fewer than 21 employees are exempt from this regime.

Facilities and time off for trade union officials

Currently, employers who recognise a trade union must allow officials of that union to take paid time off during working hours to carry out trade union duties and undertake relevant training.

The ERA strengthens this by introducing a new duty on employers to provide reasonable accommodation and facilities - such as meeting rooms or access to communication tools - where the representative requests this to carry out their duties.

This new facilities duty applies to trade union officials, trade union learning representatives, and the newly created category of trade union equality representatives.

Enhanced protection from detriment

Workers who take part in protected industrial action will gain a new right not to be subjected to a detriment by their employer, where the sole or main purpose of that treatment is to prevent, deter or penalise them for doing so. This could include, for example, disciplinary action, financial penalties, or denial of career development opportunities - though the protection is not limited to these examples.

Employment tribunal time limits

No earlier than October 2026, the time limit for bringing most employment tribunal claims will increase from three months to six months. Note that breach of contract claims arising on termination of employment are excluded and will remain subject to a three-month limit.

The "no earlier than" caveat means this change could slip beyond October 2026 - potentially into 2027 - so employers should monitor the confirmed implementation date.

In practical terms, employers should review their record-keeping practices in light of this change. Documents and records relating to disciplinary processes, grievances and dismissals that were previously safe to dispose of will need to be retained for longer.

Tips and gratuities

Key changes to tipping legislation will come into effect. These will require employers to consult with worker or trade union representatives before producing their first written tipping policy. Employers will also have to review the policy every three years and consult with the representatives when doing so. Finally, the employer will also need to provide workers with an anonymised summary of the views expressed during consultation. 

Public sector outsourcing

Where a company takes on a public sector outsourcing contract, new measures under the ERA are intended to prevent the creation of a two-tier workforce. Workers employed directly by the contractor to deliver the outsourced service should not be treated less favourably in their terms and conditions than employees who transferred from the public authority under TUPE. The aim is to promote consistency in pay and employment terms across the workforce.

What should employers do now?

Although some of the changes will require further regulations and government guidance before they are fully implemented, employers should begin preparing now. Reviewing workplace policies, updating harassment procedures, assessing trade union processes and ensuring managers understand the new obligations will help organisations reduce legal risk and maintain compliance.