October 2026 Employment Rights Act Reforms: What Employers Need to Know

The Employment Rights Act 2025 continues to introduce significant changes to employment law, with reforms being implemented in stages throughout 2026 and 2027.

A number of these measures have already come into force, while further changes are taking effect during October 2026 and into 2027. These reforms affect a wide range of workplace issues, including employment tribunal claims, sexual harassment, trade union rights and other employment practices.

For employers, it is important to understand which changes are now in force, and which are approaching so that policies, procedures and workplace practices can be reviewed accordingly.

In this article, Alpha HR summaries some of the key Employment Rights Act reforms being introduced in October 2026 and highlights what employers should be aware of.

 

October 2026 Reforms

 

Employment Tribunal Time Limits

From October 1 2026, the time limit for bringing most claims to an Employment Tribunal has increased from 3 months to 6 months.

The change applies to relevant claims where the act or failure being complained about takes place on or after 1 October 2026.

 

What does this mean for employers?

Employers may now face potential employment claims for a longer period following an employment dispute or workplace issues. It is therefore increasingly important to:

• Keep accurate and comprehensive employment records, particularly as relevant documentation may need to be retained for longer
• Document disciplinary, grievance and performance procedures carefully
• Ensure workplace decisions are supported by appropriate evidence
• Review internal processes for dealing with employment disputes
• Seek advice promptly where there is a potential risk of an Employment Tribunal claim

 

Sexual Harassment and Third-Party Harassment

From 30 October 2026, employers will be required to take “all reasonable steps” to prevent sexual harassment of their employees. This builds on the existing duty which requires employers to take “reasonable steps” to prevent sexual harassment. The new legislation strengthens this obligation.

Employers will also have a new obligation relating to third-party harassment, meaning harassment of employees by individuals such as customers, clients or other third parties. The legislation provides that an employer may be liable where an employee has been harassed by a third party and has failed to take all reasonable steps to prevent it.

 

What does this mean for employers?

Employers should therefore consider whether their existing policies and procedures adequately address the risks of sexual harassment from both colleagues and harassment by third parties. Practical steps may include:

• Reviewing and updating sexual harassment policies
• Providing appropriate staff training
• Assessing workplace-specific risks
• Ensuring employees know how to report concerns
• Taking complaints seriously and investigating them appropriately
• Considering the risks associated with customers, clients, contractors and other third parties

 

Trade Union Rights

A number of significant changes relating to trade unions will come into force on 30 October 2026. These include:

 

Right of Trade Unions to Access Workplaces:

Qualifying trade unions will gain enhanced rights to access workplaces and communicate with workers. Access may be for purposes including:

• Meeting workers
• Supporting and representing workers
• Recruiting and organising workers
• Facilitating collective bargaining

The legislation provides for access to workplaces as well as communication with workers. Employers and qualifying trade unions will be able to enter into access agreements setting out how these rights will operate.

Employers should therefore familiarise themselves with the new requirements and consider how requests for trade union access will be handled.

 

Resources for Trade Union Representatives:

A new right allowing trade union representatives to reasonable accommodation and facilities, including pay, whilst carrying out their duties will be introduced.

Employers with recognised trade unions should understand their obligations and consider whether existing arrangements for trade union representatives need to be reviewed.

 

Union Equality Representatives:

The legislation also establishes a statutory role for trade union equality representatives.

Recognised trade unions can appoint or elect equality representatives, who may be entitled to reasonable time off during working hours for activities relating to promoting equality in the workplace, including training, providing information and support, consulting with employers and analysing equality-related information.

Employers with recognised trade unions should ensure they understand these new rights and consider how requests for time off and facilities will be managed.

 

Protection for Workers Taking Industrial Action

From 30 October 2026, workers participating in lawful industrial action will receive enhanced protection against detriment.

The reforms extend protection beyond existing unfair dismissal protections, meaning employers will need to take care when making decisions affecting employees who participate in industrial action.

 

What does this mean for employers?

Employers should ensure managers understand the additional protections and seek appropriate advice before taking action that could potentially be connected to an employee’s participation in industrial action.

 

Adult Social Care Negotiating Body

October 2026 also sees further implementation of provisions relating to the Adult Social Care Negotiating Body in England.

The Employment Rights Act provides for the establishment of an Adult Social Care Negotiating Body, which will bring together representatives of employers and trade unions to consider matters relating to the remuneration and terms and conditions of social care workers.

The Government’s current implementation timetable provides from regulations establishing the Adult Social Care Negotiating Body to be brought forward in October 2026.

This is particularly relevant to employers opening within the adult social care sector, who should monitor further developments and guidance as the framework is established.

 

Tipping Policies

Further changes to tipping legislation will also be introduced. Employers will be required to consult with workers when developing or reviewing their tipping policies. The reforms are intended to strengthen transparency and worker involvement in how tips, gratuities and service charges are distributed.

The Government has been consulting on revised requirements and revised statutory Codes of Practice, with the new measures expected to take effect by the end of 2026.

 

What does this mean for employers?

Employers who operate businesses where tipping is common should therefore review their existing tipping arrangements.

 

What Comes Next?

The October reforms are only part of the wider changes being introduced under the Employment Rights Act 2025.

Further significant measure is currently scheduled for January 2027, including:

• Unfair Dismissal Qualifying Period
• Unfair Dismissal Compensatory Award
• Fire and Rehire

 

Preparing for the Changes

With Employment Law continuing to develop, employers should avoid treating the reforms as a one-off compliance exercise. Instead, businesses should regularly review their:

• Employment contracts and written statements
• HR policies and procedures
• Sexual harassment and equality policies
• Training arrangements
• Record-keeping processes
• Disciplinary and grievance procedures
• Trade union arrangements
• Tipping policies, where appropriate
• Approach to Employment Tribunal claims and disputes

Preparing early can help employers understand their new responsibilities and reduce the risk of costly disputes or claims.