October 2026 Employment Law Changes: What Employers Need to Know Now
October has been a significant month for employment law, with the first major change already taking effect and several further reforms due to come into force on 30 October 2026.
The extension of Employment Tribunal time limits took effect on 1 October, giving employees more time to bring claims. Employers should now be turning their attention to the next wave of changes, including enhanced obligations to prevent sexual harassment, new protections against third-party harassment and further trade union reforms.
Employment Tribunal Time Limits Have Already Increased
Since 1 October 2026, the time limit for bringing most Employment Tribunal claims has increased from three months to six months. This applies to a wide range of claims, including:
- Unfair dismissal
- Discrimination
- Whistleblowing
- TUPE-related claims
- Working time claims
For employers, this means a significantly longer period of potential exposure following dismissals, grievances, workplace disputes and other employment issues.
Whilst the change appears straightforward, it is important not to assume that all claims now benefit from a six-month limitation period. Whether a claim is subject to the previous three-month limit or the new six-month limit will depend on the timing and nature of the events complained about. Careful consideration should therefore be given to any ongoing disputes or potential claims.
What Employers Should Be Doing Now
Although the new rules have been in force for several weeks, many employers are still reviewing the practical implications.
Key steps include:
- Reviewing record retention procedures
Ensure investigation records, grievance correspondence, HR files, meeting notes and decision-making documents are retained for an appropriate period. - Reminding managers about record keeping
Clear, contemporaneous documentation remains one of the best ways to defend Employment Tribunal claims. - Updating policies and guidance
Review internal HR guidance, template letters and training materials that still refer to the historic three-month limitation period. - Assessing ongoing disputes carefully
Where concerns or disputes arose before 1 October, specialist advice may be required to establish which limitation period applies.
Further Changes Coming into Force on 30 October 2026
The next stage of Employment Rights Act reforms will take effect on 30 October and will introduce a number of new responsibilities for employers.
Stronger Duty to Prevent Sexual Harassment
Employers currently have a duty to take reasonable steps to prevent sexual harassment in the workplace.
From 30 October, that obligation will increase to a requirement to take all reasonable steps to prevent sexual harassment. This represents a higher standard and will require employers to demonstrate that they have taken proactive measures to identify, address and reduce risks within their workplaces.
New Liability for Third-Party Harassment
Employers will also be under a separate duty relating to harassment by third parties, such as:
- Customers
- Clients
- Contractors
- Suppliers
- Members of the public
Businesses with customer-facing employees should pay particular attention to this change and ensure that there are effective reporting and response procedures in place.
Trade Union Reforms
A package of trade union reforms is also due to take effect on 30 October.
These include new rights for independent trade unions to access workplaces and engage with workers, whether physically or virtually, together with additional protections connected with industrial action and workplace representation.
Final Preparations Before 30 October
With only a week remaining before the next phase of reforms takes effect, employers should consider taking the following steps now.
Sexual Harassment Prevention:
- Review anti-harassment policies and procedures
- Assess workplace risks and consider whether a formal risk assessment is appropriate
- Review the effectiveness of reporting channels and investigation procedures
- Ensure managers receive up-to-date training
- Consider whether refresher training should be provided to employees
Third-Party Harassment:
- Identify roles with regular customer, client or public interaction
- Update reporting procedures to cover third-party incidents
- Ensure managers understand how complaints involving third parties should be handled
- Consider communicating expected standards of behaviour to customers and visitors where appropriate
Trade Union Changes
- Brief HR teams and managers on the forthcoming reforms
- Review existing employee relations procedures
Consider whether workplace access arrangements will need updating
Looking Ahead
The reforms taking effect this month form part of a wider programme of employment law change under the Employment Rights Act 2025, with further changes expected during 2027. Employers that take proactive steps now to review policies, improve training and strengthen workplace processes will be better placed to manage risk and maintain compliance as the reforms continue to be rolled out.
Need advice on preparing for these changes? Our employment law team can help employers review policies, procedures, contracts and workplace practices to ensure they remain compliant and fit for purpose as the legislative landscape continues to evolve.
