Employment Rights Act Update – 3 Upcoming Changes Employers Shouldn’t Underestimate

Employment Rights Act Update – 3 Upcoming Changes Employers Shouldn’t Underestimate

There’s a lot to get your head around with the Employment Rights Act 2025, and with changes being introduced in stages, it would be very easy for some of the less headline-grabbing updates to slip under the radar.

But three changes coming into force this October 2026 are worth paying particular attention to: strengthened duties around workplace harassment, longer Employment Tribunal time limits and new requirements relating to trade unions.

None necessarily sounds dramatic. But all three need some thought.

Sexual harassment: one small word makes a big difference

Since October 2024, employers have had a legal duty to take reasonable steps to prevent sexual harassment of their employees.

From 30 October, that changes to all reasonable steps.

One extra word, but a significant difference.

The expectation becomes more proactive. Employers need to consider what risks exist in their workplace and whether there are any further reasonable steps they could take to prevent sexual harassment.

That means having a policy and delivering some training may not, on their own, be enough.

What are the actual risks in your business? Have you assessed them? Do managers know what to look out for and what to do? Do employees know how to raise a concern? Have you considered situations outside the office, including social events, conferences or client entertainment?

There’s another important development too.

Employers will have an obligation not to permit third-party harassment of their employees. Third parties could include customers, clients, suppliers or other people your employees encounter through work.

For customer-facing businesses in particular, that deserves proper consideration.

The practical message is simple: don’t treat this as a policy update exercise. Think about what could realistically happen in your organisation and what you can reasonably do to prevent it.

Employment Tribunal claims: employees will have longer to bring a claim

From 1 October 2026, the time limit for bringing the majority of Employment Tribunal claims will increase from three months to six months.

The new six-month limit will apply where the event giving rise to the claim happens on or after 1 October. The Acas Early Conciliation process isn't changing.

For employers, the practical impact is that workplace disputes could remain live for considerably longer.

That makes good record-keeping even more important. Decisions, conversations and the reasons behind them need to be documented properly at the time — rather than relying on people to remember exactly what happened several months later.

Trade unions: another change employers could easily miss

From 30 October, employers will also have a new duty to provide workers with a written statement informing them of their right to join a trade union.

The statement will need to be provided at the start of employment alongside the written statement of employment particulars, and at other prescribed times.

The Government is due to provide further guidance on the precise requirements, so employers will need to keep an eye on the detail.

This sits alongside wider trade union reforms taking effect in October, including strengthened rights of access to workplaces and new rights and protections for trade union representatives.

For businesses that haven’t historically had much involvement with trade unions, these changes could feel quite unfamiliar.

That makes it even more important that managers understand the basics and that your processes, documentation and approach are ready.

What should employers do now?

October is fast approaching, so now is the time to make sure these changes are on your radar and work out what needs to happen in your business before they take effect.

Review your record-keeping and how key employment decisions are documented. Revisit your sexual harassment risk assessment and preventative measures, including third-party risks. Check that managers have appropriate training, and review your onboarding and employment documentation ahead of the trade union changes.

And keep an eye out for the remaining Government guidance as it’s published.

These may not be the biggest headlines in the Employment Rights Act, but they’re exactly the sort of changes that can catch businesses out if they aren't prepared.

If you need help working out what these changes mean for your business? Talk to the People Pillar team. We can help you get prepared without making it more complicated or daunting than it needs to be.