The Employment Rights Act 2025: What the October 2026 Changes Mean for UK Employers.
October 2026 marks the next turning point for employers across the UK. A wave of new duties, extended protections, and updated workplace expectations will come into force, reshaping how organisations manage risk, support workers, and demonstrate compliance.
These changes aren’t just “policy updates.” They represent a cultural shift in how workplaces must operate. And for employers, the message is clear: preparation isn’t optional, it’s essential.
The article which follows is a practical, employer‑focused breakdown of what’s changing, why it matters, and what you should be doing now to stay ahead.
A Higher Bar for Preventing Sexual Harassment.
From 30 October 2026, employers move into a new era of accountability around workplace harassment. Written policies alone will no longer be enough; organisations will need to show clear, proactive action, consistent training, and evidence that risks, including those involving third parties, are being actively managed.
Key Changes:
Employers must take “all reasonable steps” to prevent sexual harassment; a noticeably higher threshold than the current requirement of “reasonable steps.”
Liability will extend to harassment carried out by third parties such as customers, clients, contractors, or visitors unless employers can demonstrate they took all reasonable steps to prevent it.
Further guidance will define what “reasonable steps” must look like, signalling that expectations will continue to rise.
Action for Employers:
Are your harassment policies robust, modern, and clearly communicated?
Do managers know how to identify, escalate, and address concerns?
Are customer or client interactions creating risks you haven’t formally assessed?
Can you evidence training, reporting routes, and preventative measures?
These reforms mark a shift from reactive responses to proactive prevention. Employers will need to demonstrate not just that policies exist, but that they are embedded, evidenced, and effective. Now is the time to review your approach, strengthen processes, and ensure your organisation can confidently demonstrate it is taking all reasonable steps.
Employment Tribunal Time Limits Are Doubling.
From 1 October 2026, employers will see a significant shift in how long employees have to bring most Employment Tribunal claims. Extending the time limit from three months to six months gives individuals far more scope to raise historic issues, making thorough documentation and consistent record‑keeping more important than ever.
Key Changes:
Tribunal claim time limits increase from 3 months to 6 months for most cases.
For breach of contract claims in Scotland, the extended limit applies from 9 November 2026.
Longer timeframes may lead to claims arising from events that happened many months earlier.
Actions for Employers:
Strengthen documentation processes across HR and operational teams.
Ensure managers understand the importance of contemporaneous notes.
Review how grievances, disputes, and investigations are recorded and stored.
With extended time limits, employers will need to rely more heavily on accurate records and clear processes. Now is the ideal moment to tighten documentation practices and ensure your organisation is prepared to respond confidently to claims raised further down the line.
A New Framework for Trade Union Engagement.
From 30 October 2026, employers will see a substantial shift in how trade unions can operate within the workplace. These reforms strengthen workers’ access to union representation and increase employers’ responsibilities around communication, facilities, and engagement. For many organisations, this will mean adapting existing processes and preparing for a more active union presence.
Key Changes:
Employers will have a new duty to inform workers of their right to join a trade union.
Trade unions will gain enhanced rights to access workplaces and communicate with workers.
Rules governing union recognition and derecognition will be updated.
Union representatives will have new rights to reasonable facilities and accommodation to carry out their duties.
A new right to time off for union equality representatives will be introduced.
Workers taking part in industrial action will receive stronger protection against detriment.
Actions for Employers:
Update onboarding materials and internal communications to reflect workers’ rights.
Review and, where necessary, revise workplace access protocols.
Prepare for increased union engagement and visibility within the organisation.
Train managers to understand the new obligations and avoid inadvertent breaches.
These reforms represent a meaningful shift in how employers must support and interact with trade unions. Strengthening communication, updating processes, and ensuring managers are well‑briefed will help organisations navigate these changes confidently and compliantly.
Public Sector Outsourcing: The Return of the Two‑Tier Code.
From October 2026, new measures will be introduced to ensure fair and consistent treatment of employees involved in public sector outsourcing. These changes aim to close gaps in terms and conditions between former public sector staff and private sector employees working alongside them, creating a more level and transparent employment landscape.
Key Changes:
The updated framework requires equal terms and conditions for:
Former public sector employees, and
Private sector employees delivering the same outsourced services.
These measures will influence procurement decisions, contract structures, and workforce planning for organisations operating within public sector supply chains.
Actions for Employers:
Review existing outsourcing arrangements to identify where disparities in terms and conditions may arise.
Assess procurement and contract management processes to ensure future agreements reflect the new requirements.
Consider how workforce planning, onboarding, and communication will need to adapt to maintain compliance.
These changes reinforce the importance of fairness and consistency across outsourced public services. Employers working within the public sector ecosystem should begin reviewing their arrangements now to ensure smooth alignment with the updated expectations.
A New Adult Social Care Negotiating Body.
From October 2026, a new national negotiating body for adult social care will begin operating, introducing sector‑wide expectations around pay, conditions, and workforce standards. While the change is more targeted than others coming into force, it signals a growing emphasis on consistency and professionalisation across the care sector.
Key Changes:
Introduction of a national negotiating body for adult social care.
Development of new frameworks for pay, conditions, and workforce standards.
Increased scrutiny of employment practices within care settings.
Actions for Employers:
Prepare for potential updates to pay structures and employment terms.
Review workforce policies to ensure alignment with emerging sector standards.
Consider how recruitment and retention strategies may need to adapt.
Although this reform is narrower in scope, it marks an important step toward greater standardisation in adult social care. Employers should stay alert to upcoming guidance and be ready to adjust their workforce practices as the new body’s expectations take shape.
The Employment Rights Act 2025: Preparing for the October 2026 Phase of Reforms.
Taken together, the October 2026 updates represent the next major phase of the Employment Rights Act 2025; a continuation of the wider shift toward stronger worker protections, clearer employer duties, and more consistent workplace standards. Each change introduced throughout this article, touches a different part of the employment relationship, but the overall direction is unmistakable: employers are expected to operate with greater transparency, accountability, and preparedness.
Across harassment prevention, extended tribunal time limits, expanded trade union rights, updated outsourcing rules, and new sector‑specific frameworks, organisations will need to ensure their policies, processes, and people are ready for a more regulated landscape. These reforms are not designed to be reactive; they require employers to anticipate risk, strengthen documentation, and embed good practice long before issues arise.
October 2026 is not a moment to pause; it’s a moment to consolidate, update, and invest in the foundations that protect both your workforce and your organisation. Employers who take proactive steps now will be far better placed to navigate the next wave of Employment Rights Act changes with confidence.
Ready to Talk Through What This Means for Your Organisation?
The October 2026 phase of the Employment Rights Act 2025 introduces meaningful shifts across policies, processes, and workforce expectations, and every employer will feel the impact differently. If you’d value a clearer understanding of how these reforms could shape your HR practices, recruitment strategy, or compliance responsibilities, Aspire Recruitment Services is here to help.
I specialise in guiding employers through legislative change with practical advice, sector‑aware insight, and a people‑first approach that strengthens both compliance and culture. Whether you need support reviewing policies, preparing managers, or planning ahead for the next wave of reforms, Aspire Recruitment Services is ready to work alongside you.
Get in touch today, and move into October 2026 confident, informed, and ahead of change.
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