Employment Rights Act 2025: October reforms are almost here

A significant package of reforms will take effect during October 2026, including longer Employment Tribunal time limits, enhanced harassment protections and new trade union rights.

The next phase of the government’s employment law reform programme comes into force this October. From 1 October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months to six months, potentially extending the period of uncertainty for employers following workplace disputes, grievances and dismissals.

A further package of reforms follows on 30 October 2026, including enhanced harassment protections and a significant strengthening of trade union rights. Employers will be required to take “all reasonable steps” to prevent sexual harassment, raising the threshold from the current duty to take “reasonable steps”. New protections relating to third-party harassment will also come into force, alongside measures aimed at strengthening collective workplace rights, including workplace access rights for trade unions and new obligations to inform workers of their right to join a trade union.

Employers should not underestimate the significance of these changes. The new trade union access regime is supported by substantial financial penalties for non-compliance, while the enhanced harassment protections are likely to increase scrutiny of employer policies, training and workplace culture.

Key Action Points for Human Resources and In-house Counsel

October may be the most significant employment law milestone for employers since the first tranche of Employment Rights Act reforms took effect in April 2026. Employers should use the remaining weeks to:

• review document retention, investigation and record-keeping processes in light of the extended tribunal limitation periods
• assess whether current anti-harassment measures satisfy the higher “all reasonable steps” standard
• review how risks of harassment by customers, clients, contractors and other third parties are identified, reported and managed, including whether further guidance, training or reporting mechanisms are required
• prepare for the new trade union access regime by identifying who will manage access requests, ensuring they understand the statutory process and timescales, and putting in place practical arrangements to respond to and facilitate requests for access. Watch our short video update for more information
• review onboarding processes and workforce communications to ensure compliance with the new requirement to inform workers of their right to join a trade union.