Employment Rights Act: October 2026 changes

The Employment Rights Act 2025 is bringing a number of changes to employment law over the coming months and into 2027.

Several changes take effect in October 2026. Here I have focused on two that are particularly relevant for smaller employers and I have included some practical guidance on steps worth taking now.

Employment Tribunal time limits are increasing

From 1 October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months to six months.

For small employers, this makes good record keeping even more important. Six months can feel like a long time when you're trying to remember exactly what was said in a meeting, what concerns were raised or why a particular decision was made.  Making clear notes at the time means you're not relying on memory further down the line.

You don’t need to document every conversation but where you're dealing with an employee issue such as performance, conduct or an employee concern or grievance, make sure there is a written record of important conversations, decisions and actions.

Stronger protection from harassment at work

From 30 October 2026, employers will be required to take all reasonable steps to prevent sexual harassment at work, strengthening the existing requirement to take reasonable steps.

There is also a significant change relating to third-party harassment. Employers could be liable if a worker is harassed by someone outside the organisation – such as a customer, client or service user – unless they have taken all reasonable steps to prevent it.

This doesn't need to be complicated, but you do need to think about where problems could potentially arise and what you can reasonably do to reduce the risk.

What you can do before 30 October:        

-        Give some thought to whether any of your employees are particularly exposed to inappropriate behaviour. This might be because they work with customers, work alone, work late shifts or work in an environment involving alcohol. Remember that harassment can happen online as well as face-to-face.

-        Check your harassment policy. Does it cover customers, clients and other third parties?

-        Make sure employees know how to raise a concern and that managers know what to do if this happens. Consider whether employees and managers need appropriate training.

-        Think about how you make it clear to customers, clients and other third parties that inappropriate behaviour towards your employees won't be tolerated.

What is reasonable will depend on your business and the work your employees do. For some employers, the steps might include training, clearer reporting arrangements, changes to policies or making expectations clear to customers, clients and other third parties.

Don't wait until something happens. The emphasis is on prevention so employers should be able to show that they have thought about the risks in their workplace and have taken sensible steps to reduce them.

It's also worth keeping a record of what you've considered and the steps you've taken.

If you're not sure whether your policies and processes are ready for the October changes, or what practical steps you should be taking, please get in touch.