Several important Employment Rights Act (ERA) changes to employment law are expected in October 2026. This briefing summarises the key developments and practical steps employers can take now.
The briefing is split into two sections: universal changes for all employers and trade union changes for employers with recognised unions or likely union engagement.
If you would like to discuss these changes or how to prepare, please speak to your usual Mills & Reeve employment contact or David Mills. For more on the wider reforms, visit our ERA hub.
Universal changes
Extension of ET time limits – in force 1 October 2026
What is the change?
Time limits for filing most employment tribunal claims will be extended from three months to six months.
Commencement regulations have been published. This extension will apply to claims where the act or failure to act occurs on or after 1 October 2026.
This change will result in longer delays before cases are heard.
What should employers do now to prepare?
Train managers to keep accurate notes of meetings and hearings, and file key documents properly.
Review document retention policies against the longer time limits.
Capture witness evidence promptly when a claim is received or anticipated.
Retain contact details for leavers who may be needed as witnesses and consider claims assistance clauses that apply post-termination.
Take early advice on strategy where a claim is expected.
Third party harassment – expected 30 October 2026
What is the change?
Employees will be able to bring a standalone claim if they are harassed by a third party related to a relevant protected characteristic in the “course of employment” and the employer failed to take all reasonable steps to prevent it.
This will apply to all forms of harassment (eg disability, race, age).
What should employers do now to prepare?
Review harassment risk assessments, including third-party risks.
Put in place an action plan to reduce risk and keep it under review.
Train workers, and relevant contractor staff, on harassment and expected conduct.
Deal with complaints promptly and in line with relevant procedures.
Consider contractual obligations for third-party providers, while recognising that liability remains with the employer. Follow up with third-party providers to ensure they have implemented any steps they are obliged to take to reduce risk.
Sexual harassment – expected 30 October 2026
What is the change?
The duty on employers to take reasonable steps to prevent sexual harassment of their workers in the course of employment (by colleagues and third parties) will be extended to all reasonable steps.
Compensation can be increased by up to 25% for breach of the duty.
The EHRC has powers to investigate and take enforcement action for breach of the duty.
What should employers do now to prepare?
Review sexual harassment risk assessments for colleague and third-party risks.
Implement any further reasonable steps identified, such as training, notices or safeguards around lone working or meetings.
Consider contractual obligations for third-party providers, while recognising that liability remains with the employer. Follow up with third-party providers to ensure they have implemented any steps they are obliged to take to reduce risk.
Investigate all allegations properly under the appropriate procedure. Since 6 April 2026, sexual harassment has been codified as a relevant failure under whistleblowing law. Consider investigating under whistleblowing policies where beneficial to the employee.
Regulations are expected in due course setting out steps employers can take to prevent the risk of sexual harassment. Monitor future regulations and EHRC guidance on specific preventative steps.
Trade union right of access – expected 30 October 2026
What is the change?
Trade unions will have a statutory right to access workplaces and meet workers for specified purposes (even where employers are not currently unionised).
Access requested is likely to be frequent (eg weekly) and on short notice, with limited grounds for refusal. Employers will be required to take reasonable steps to facilitate access.
Breaches of access agreements could trigger significant financial penalties.
Only businesses with fewer than 21 workers will be exempt.
What should employers do now to prepare?
The draft Code of Practice on trade union right of access provides practical guidance for employers and unions on how this right works in practice. Employers should familiarise themselves with the Code. This is subject to parliamentary approval.
Consider whether voluntary access agreements (outside the statutory regime) can be agreed with unions likely to make access requests.
Decide who will manage access requests. Publish a specific email address for receipt of requests on your website.
Track deadlines. Employers will only have 15 working days to respond to an access request and 25 working days to negotiate with the union following the day the response notice is given.
Review “model terms” in the Code of Practice carefully. These terms are likely to reflect the access which many unions will request and consistent terms are likely to be acceptable to the CAC. The model terms include weekly access on two working days’ notice after the first instance of access.
Plan how access could work in practice, including digitally and in existing workspaces/meeting rooms.
Consider how existing employee representative arrangements will sit alongside trade union access.
Brief managers on these changes and those who interact with union officials.
Trade union changes
New rights for trade union reps and equality reps – expected 30 October 2026
What is the change?
Trade union equality representatives will be entitled to time off during working hours for certain duties. Union equality representatives will be required to undertake certain training.
Employers must provide reasonable accommodation and facilities for union reps, union learning reps and equality reps.
Acas has updated its Code of Practice on time off for trade union duties and activities and the draft Code has been presented to parliament.
Employees may bring tribunal claims if time off, accommodation or facilities are not provided.
What should employers do now to prepare?
Employers should familiarise themselves with the revised draft Acas Code to understand the new obligations. This is subject to parliamentary approval.
Identify representatives and create a process so that time off and facilities requests are dealt with quickly and consistently.
Brief managers and consider a central contact for representative requests.
Protection against detriment for taking industrial action – expected 30 October 2026
What is the change?
Workers will be protected from detriment for taking protected industrial action.
Regulations will prohibit all detriments intended to prevent or deter, or to penalise someone for taking, protected industrial action.
Workers will be able to bring tribunal claims for detriment short of dismissal.
What should employers do now to prepare?
Brief managers and those dealing with union officials.
Keep communications about industrial action consistent and carefully managed.
Handle complaints about actual or perceived detriment related to industrial action promptly, carefully and appropriately.
Access and unfair practices in statutory recognition and de-recognition process – expected 30 October 2026
What is the change?
Several changes will be made to the statutory recognition and de-recognition processes to help prevent delay, improve efficiency and prevent unfair practices. This includes restricting practices that could improperly influence workers’ support for recognition or participation in the process.
A draft revised Code of Practice has been laid before parliament.
What should employers do now to prepare?
Familiarise yourself with revised draft Code of Practice. This is subject to parliamentary approval.
Review how managers and HR communicate with workers about union recognition and de-recognition.
Ensure messaging is factual, consistent and not intimidating, misleading or otherwise inappropriate.
Identify who will manage any recognition request and ensure they understand the statutory process.
Keep records of communications and decisions, and take early advice if a recognition request is received or anticipated.
Monitor regulations, guidance and any CAC procedure updates.
This briefing does not cover every Employment Rights Act 2025 change (in October 2026 or otherwise), and the suggested actions are not exhaustive. The right approach will depend on your organisation’s structure, practices and policies. Please seek specific legal advice if you are unsure how to prepare or get in touch with the team.
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