October 2026 brings a number of significant changes to employment law, many of which will increase employers’ responsibilities and potential legal risk. We have summarised below these key changes.
Employment Tribunal Time Limits
The time limit for bringing an employment tribunal claim will be extended from three to six months from 1 October 2026. The extended limitation period will apply only where the relevant date falls on or after 1 October 2026. The relevant date is the date of the act, conduct or failure complained of or, where there is a series of acts or failures, the date of the last act or failure in that series.
Sexual Harassment
From 30 October 2026, employers will have a duty to take all reasonable steps to prevent sexual harassment of their employees during the course of their employment. This strengthens the existing duty to take “reasonable steps”. Regulations specifying what amounts to all reasonable steps are unlikely to come into force until 2027/28, leaving employers with a legal obligation but no detailed guidance on how to comply with it. Employers will therefore need to take a common-sense approach. Relevant factors are likely to include the employer’s sector, size, resources and working environment. The duty is both anticipatory and ongoing. Where sexual harassment has already taken place, an employer will need to take further measures to prevent it from recurring.
Third Party Harassment
Employers will be held liable for harassment of their employees by third parties in the course of employment with effect from 30 October 2026, unless they can show that they took all reasonable steps to prevent it. Third parties include customers, suppliers, consultants, contractors and attendees at shared events or spaces, but not fellow employees, who are already covered. Harassment includes unwanted conduct relating to a protected characteristic and may arise from a one-off event. This obligation is likely to be particularly difficult for employers in sectors such as hospitality and retail, where employees interact regularly with third parties. Employers may also have limited control over third parties because of the arm’s-length nature of the relationship.
Trade Union Rights
From 30 October 2026, qualifying trade unions will have the right to serve notice on employers to access the workplace for the purposes of meeting, representing, recruiting or organising workers, or facilitating collective bargaining, but not industrial action. Employers will then have a period of time to respond to the notice and agree written terms on which access will be permitted. If the employer fails to respond, or if negotiations to agree terms are unsuccessful, the union can apply for a determination from the Central Arbitration Committee.
From 30 October 2026, trade union officials and representatives will also have the right to be provided, by their employer, with accommodation or other facilities that allow them to carry out their duties, together with a right to time off where no such right previously existed.
Subject to approval by Parliament, from 30 October 2026 workers will have the right not to be subjected to a detriment, by any act or failure to act by their employer, where the sole or main purpose is to prevent or deter the worker from taking part in industrial action, or to penalise them for doing so.
The right for employees to be told, in a written statement, of their right to join a trade union was widely expected to come into force in October. However, the Government has now announced that this will be deferred until January 2027. We will provide further details of this in a later update.
These changes could have important implications for your business. If you would like advice on how the new legislation may affect your organisation, please contact Vicky Schollar and our Employment team, who will be happy to help you prepare for the changes and ensure your business remains compliant.