Significant changes to employment law are coming on 30 October 2026. The Government has published its sixth ERA Commencement Order and the next wave of employment law reform is officially confirmed. Fortunately, there are no big last-minute surprises. Here's what's actually changing.
Sexual harassment prevention: the bar just got higher
Employers already have a duty to take reasonable steps to prevent sexual harassment of their workers during the course of employment. From 30 October 2026, that duty will be extended, so employers will need to take "all reasonable steps", not just "reasonable steps" (i.e. unlimited in number). It's a small wording change with a big practical impact, effectively raising the standard tribunals will hold employers to.
Regulations are also expected in 2027/28 setting out what steps are “reasonable” for this purpose. However, these are some way off and unlikely to be exhaustive, so employers should reassess the risk now and implement all reasonable steps identified to prevent or mitigate the risk of sexual harassment. Further details are set out in our October checklist.
Third-party harassment: a new source of liability
Also from 30 October 2026, employers will be liable if a third party, such as customers, clients, or suppliers, harasses one of their staff related to any relevant protected characteristic, unless the employer can show they took all reasonable steps to prevent it. Relevant protected characteristics include age, race, sex, sexual orientation, gender reassignment, religion or belief and disability. If current anti-harassment policies and training only focus on colleague-to-colleague conduct, now is the time to widen the lens to cover customer-facing and supplier-facing roles. Further details of suggested preparatory steps can be found in our October checklist.
Trade unions get more access and union reps get more rights
A cluster of trade union reforms also come into force on 30 October 2026:
Unions gain a new right to access workplaces to meet, represent, recruit and organise workers, and to facilitate collective bargaining. The draft Code of Practice provides useful guidance for employers on this new right and is expected to be approved shortly. Further guidance can also be found in our earlier article.
Trade union reps and union learning reps get enhanced rights, where requested, to reasonable accommodation and facilities to do their role or undertake associated training.
New trade union equality representatives get dedicated rights to time off and facilities.
One practical note: if a claim has been brought against an employer for their failure to give a union rep time off before 30 October 2026, the new rights for union reps won't apply retrospectively.
Trade union recognition process is also changing
The statutory process for unions seeking formal recognition or de-recognition is also being updated from 30 October 2026. Further detail on the changes and suggested preparatory steps is set out in our checklist. If you are currently in the middle of an application with the Central Arbitration Committee, there are transitional arrangements so it's worth checking where your case sits against those transitional rules.
Seafarers get new protections
Rounding out the 30 October 2026 changes, seafarers will get new rights relating to wages and working conditions. If your organisation operates in this sector, it's worth reviewing your current arrangements against these new protections.
What's missing from the Sixth Commencement Order?
Two items employment practitioners and HR teams have been tracking are notably absent from the Sixth Commencement Order:
The duty on employers to provide workers with a statement about their right to join a trade union is still coming, but it's now pencilled in for January 2027.
The planned reforms to public sector outsourcings, originally expected alongside these changes, have been pulled from the implementation timetable entirely. There's no new date yet, we'll keep you posted as soon as we know more.
Also absent from the Sixth Commencement Order is the new protection employees will have against being subjected to a detriment for taking part in protected industrial action. Draft regulations have been laid before Parliament prohibiting all form of detriment in such circumstances. These are currently awaiting approval but are still expected to come into force on 30 October 2026.
In conclusion, the ERA changes taking effect on 30 October 2026 will introduce significant and immediate obligations in relation to harassment prevention and trade union rights. Organisations should use the remaining time to assess how the reforms may affect their existing policies, procedures and working arrangements, and take appropriate preparatory steps.
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