The summer heatwaves now seem a long time ago, and the changes to workplace rights under the Employment Rights Act 2025 (ERA) will begin accelerating as we hurtle into autumn and the end of the calendar year.
October 2026 is one of the major staging dates in the ERA implementation timetable and will bring into effect a number of significant reforms. These changes will have immediate practical implications for employers, particularly in relation to tribunal litigation, trade union rights and workplace harassment. In this article, David Sheppard and Isabel Protheroe summarise the October changes, consider the key reforms, and assess their potential impact on employers. For a summary of the reforms that have already come into force, please see our previous article on the subject.
Key October changes and implementation dates:
- Extension of Employment Tribunal limitation periods (1 October 2026)
- New trade union workplace access rights (30 October 2026)
- Reforms to trade union recognition and derecognition procedures (30 October 2026)
- Stronger duty to take all reasonable steps to prevent sexual harassment (30 October 2026)
- New employer liability for third-party harassment (30 October 2026)
Extension of Employment Tribunal time limits (from 1 October 2026)
From 1 October 2026, the ERA will extend the normal limitation period for bringing a claim for the majority of Employment Tribunal cases from three months to six months in England, Wales and Scotland. The extension in time limits arising from ACAS early conciliation also still applies.
The new limitation period will only take effect where the “relevant date” falls on or after 1 October 2026. Claims with a relevant date before 1 October will still be subject to the existing limitation period of 3 months. For example, only dismissals or acts of discrimination occurring on or after 1 October 2026 will have a 6 month time limit. There will be situations where a claimant alleges a series of acts over a period of time which will occur both before and after 1 October. In this instance, employers should be alert to acts occurring before 1 October as these will be subject to the shorter time limit when considering if a claim has been brought within time.
What does this mean for employers?
Employers will face an extended period of uncertainty following workplace disputes and will be exposed to the risk of potential litigation for a much longer period. There may also be practical difficulties in obtaining witness evidence where recollections fade, individuals move on to new employment, or relevant documents are not properly preserved.
For example, if a relevant act such as a dismissal occurs on 31 October 2026, a claimant will have until 30 April 2027 to commence ACAS early conciliation. The ACAS early conciliation period could then be for the maximum 12 week period, ending on 23 July 2027. The claimant will then have 1 month from this date to issue their claim, meaning a deadline of 23 August 2027, almost 10 months after the original dismissal.
Given the delays and backlog in the employment tribunal, a final hearing may not take place until some point late 2028 to early 2029, meaning a gap of over two years from the events leading to the dismissal until a hearing, and making the defence of claims much more difficult. With the widely reported growth in tribunal caseloads, these delays in litigation will only continue to escalate.
On the other hand, part of the Government’s justification for the reform is that the extended limitation period may provide employers and employees with a greater opportunity to explore settlement discussions and alternative dispute resolution before proceedings are issued. This could result in employers avoiding litigation altogether as there is more time to reach a resolution. Given the many years of uncertainty for both parties if tribunal litigation is commenced, the option of mediation is becoming increasingly attractive for employers and employees.
Significant trade union reforms (30 October 2026)
The October 2026 reforms significantly strengthen trade union rights, introducing new workplace access rights, expanding worker protections and making recognition procedures more accessible. Notably, the proposed requirement that employers provide workers a written statement explaining their right to join a trade union was also due to come into force on 30 October, but has recently been pushed back to January 2027 and is subject to further consultation.
Trade union workplace access rights (30 October 2026)
Independent trade unions will acquire a new legal right to request access to workplaces, both physically and virtually, to engage with workers.
When the union submits an access request the employer must respond within the applicable response period, after which the parties may enter negotiations regarding the written terms on which access will be permitted. If parties cannot reach an agreement, the union may apply to the Central Arbitration Committee (CAC) for determination.
What does this mean for employers?
The impact of this reform will largely vary according to the size and sector of each organisation. The reform could make it easier for unions to communicate with workers and organise recognition campaigns. Employers should ensure they deal with requests promptly, allowing the relevant teams dealing with the request to understand the new statutory framework.
For example, the statutory access scheme is subject to several limitations. The CAC will not grant access where the employer has fewer than twenty one workers, where the relevant employees are already covered by a recognised trade union, or where granting access could jeopardise the health and safety of any person.
It may mean that non-unionised employers will receive formal requests from unions to have access to their workforce, potentially for recruitment purposes. We expect unions will have specific employers and sectors as targets once the right of access commences on 30 October 2026. Urgent legal advice should be sought on how to respond to the union’s access request, preparing the response notice, and obtaining representation in the event of any dispute.
Changes to the trade union recognition and derecognition process (30 October 2026)
The October reforms will make it easier for trade unions to secure statutory recognition, reducing some of the existing procedural requirements and thresholds by:
- replacing the existing 10% membership threshold for the CAC to accept an application with a new “required percentage test”;
- removing the requirement for a union to demonstrate at specified stages that a majority of workers in the proposed bargaining unit would be likely to support recognition; and
- replacing the existing 40% support threshold with a requirement for a simple majority of those voting in the ballot.
What does this mean for employers?
These changes are intended to simplify the statutory recognition process and may result in an increase in recognition applications. Employers, particularly those with limited experience of trade union engagement, should obtain legal advice and review their employee relations strategies to ensure that managers understand the updated recognition framework before the reforms take effect.
Stronger duty to prevent sexual harassment (30 October 2026)
The existing duty on employers to take ‘reasonable steps’ to prevent sexual harassment will be strengthened under the upcoming reform. Employers will be required to have taken ‘all reasonable steps’ to prevent sexual harassment of their employees.
The objective of the reform is to encourage employers to take proactive preventative measures rather than adopting a reactive approach. Whilst a failure to comply with this duty is not a standalone claim, if there is a successful sexual harassment claim and a tribunal finds that the employer failed to comply with the duty to prevent it, any tribunal award can be uplifted by up to 25%.
What constitutes ‘all reasonable steps’ will depend on the circumstances of the case, including the size of the organisation, the sector in which it operates, and the nature of the work carried out.
What should employers do?
While employers should review and update their anti-harassment policies, a written policy alone is unlikely to satisfy the new ‘all reasonable steps’ standard. The Government is planning to publish further regulations in 2027 or 2028 specifying what amounts to ‘reasonable steps to prevent sexual harassment’.
In the meantime, employers should take a proactive approach by adopting the following measures:
- Carry out regular risk assessments.
- Deliver the appropriate training to managers and employees.
- Respond promptly to complaints.
- Retain evidence of the preventative measures they have already implemented.
- Take into account the Equalities and Human Rights Commission’s eight-step guide on preventing harassment in the workplace which will be updated soon.
This will place employers in a stronger position to demonstrate compliance and defend potential claims. However, it is widely recognised that the ‘all reasonable steps’ requirement places a higher duty on employers and ensuring compliance with this new duty may be more difficult in practice.
New liability for third-party harassment (30 October 2026)
The reforms reintroduce employer liability for harassment on its workforce carried out by third parties, such as customers, service users, suppliers, and members of the public generally. This provision extends to all types of harassment under the Equality Act 2010 including, sexual harassment and any harassment relating to a protected characteristic (not including pregnancy, maternity, marriage and civil partnership).
An employer may now be liable where:
- A third-party harasses an employee in the course of their employment; and
- The employer fails to take all reasonable steps to prevent that harassment.
What does this mean for employers?
This change is significant for employers whose employees regularly interact with the public, customers, clients or other third parties. While an employer will not be expected to control every interaction and completely prevent any instances of harassment, they will be expected to take proportionate steps to minimise the risk of harassment. This includes responding effectively, undertaking risk assessments of specific instances where employees could be exposed to third party harassment, and identifying proportionate steps to mitigate those risks.
It may also mean visitors and clients agree standards of conduct when visiting and interacting with employees, and contractors agree to indemnify the employer for any liability arising from harassment. This change will have the most significant impacts on sectors which interact with the public in a relatively uncontrolled way, such as hospitality, retail, education in schools and colleges, and customer services.
This change forms part of the wider legislative shift towards prevention rather than reaction. Employers should identify and manage third-party harassment risks through appropriate policies, training, reporting procedures, and risk assessments to demonstrate compliance.
Whilst most media attention is focusing on the changes to unfair dismissal rules on 1 January 2027, the changes being implemented in October 2026 are equally significant. New laws regarding workplace harassment will change how employers manage these risks, particularly in sectors exposed to high levels of third-party interaction.
How can we help?
For further information about issues raised in this article, please contact a member of our Employment team.
David is a Partner in our Employment and Immigration team. He advises employers and employees on all aspects of employment law.... Read More
Isabel is a Trainee Solicitor in our Employment & Immigration team. Isabel studied LLB Law at Swansea University before going on to complete SQE1 with BARBRI.... Read More
