October 2026 marks another important stage in the implementation of the Employment Rights Act 2025, with significant changes affecting employers across the UK.
The reforms form part of the Government’s wider Make Work Pay programme and are being introduced in stages. Employers should be preparing now to ensure that their employment practices, policies and procedures remain compliant.
Two particularly important areas will change in October 2026: employment tribunal time limits and workplace protections relating to sexual harassment. There will also be further changes to trade union rights.
Employment Tribunal time limits will increase to six months
From 1 October 2026, the time limit for bringing most employment tribunal claims will increase from three months to six months.
The change will apply to claims arising from events occurring on or after 1 October 2026. The existing three-month time limit will continue to apply to relevant matters arising before that date.
The change is intended to give employees and employers more time to resolve workplace disputes internally or through Acas Early Conciliation before tribunal proceedings become necessary.
The underlying process for bringing a claim does not otherwise change. Employees will still generally need to notify Acas before bringing an employment tribunal claim.
What does this mean for employers?
The longer limitation period may mean that employment disputes remain a potential liability for longer.
Employers should therefore consider whether their internal procedures for dealing with grievances, disciplinary matters and employment disputes are sufficiently robust to identify and resolve issues promptly.
It is also important to maintain accurate records, including:
- employment contracts and variations;
- disciplinary and grievance records;
- sickness and absence records;
- performance management documents;
- correspondence with employees;
- records of investigations and meetings; and
- records relating to dismissals and settlement discussions.
Good record keeping can become particularly important where a dispute is not raised formally until several months after the underlying events.
Stronger sexual harassment protections
From 30 October 2026, employers will face a strengthened duty to take “all reasonable steps” to prevent sexual harassment of their employees.
This builds on the existing duty introduced in October 2024, under which employers must take reasonable steps to prevent sexual harassment in the workplace.
The new requirement raises the standard expected of employers.
Employers should not rely solely on having a written equality or harassment policy. They should be able to demonstrate that they have actively assessed the risks of sexual harassment and taken appropriate steps to address them.
Depending on the organisation, reasonable preventative measures could include:
- regular equality and harassment training;
- clear reporting procedures;
- effective investigation processes;
- management training;
- appropriate workplace policies;
- risk assessments;
- monitoring of complaints and incidents;
- clear consequences for inappropriate behaviour; and
- regular review of workplace culture and practices.
The Government has also confirmed that employers will have an obligation not to permit harassment of their employees by third parties.
This is particularly relevant to businesses whose employees regularly interact with customers, clients, contractors, patients, suppliers or members of the public.
Employers should consider how their policies and procedures deal with incidents involving third parties and whether managers know what action should be taken when concerns are raised.
Further changes to trade union rights
October 2026 will also bring significant changes to trade union law.
From 30 October 2026, independent trade unions will have a new statutory right to request access to workplaces and engage with workers. Access may be physical, digital or a combination of both.
There will also be a new duty on employers to inform workers of their right to join a trade union.
Further reforms will affect trade union recognition procedures, workplace representatives and protections relating to industrial action.
Employers with a workforce of 21 or more employees should pay particular attention to the new workplace access provisions, as businesses employing fewer than 21 workers across all workplaces are exempt from those provisions.
Employers should consider whether they have appropriate procedures for dealing with requests from recognised or independent trade unions and whether managers understand their responsibilities.
What about unfair dismissal?
Although the major changes to ordinary unfair dismissal protection do not come into force in October, employers should already be preparing for the next stage of reform.
From 1 January 2027, the qualifying period for ordinary unfair dismissal protection is due to reduce from two years to six months.
The Government has also announced the removal of the existing cap on compensatory awards for unfair dismissal claims.
This means that employers recruiting or managing employees during the final months of 2026 should consider how their recruitment, probation, performance management and dismissal procedures will operate once the new regime comes into force.
What should employers do now?
October’s changes provide a useful opportunity for employers to review their employment practices before further reforms arrive in 2027.
We recommend that employers consider:
1. Review your employment policies
Check that disciplinary, grievance, equality, dignity at work and harassment policies reflect the latest legal requirements.
2. Review sexual harassment prevention measures
Consider whether you can demonstrate that you are taking active and effective steps to prevent sexual harassment, rather than simply responding to complaints after they occur.
3. Train managers
Managers and supervisors should understand how to identify, prevent and respond to harassment and other workplace concerns.
4. Review third-party risks
Businesses should consider the risks created by interactions with customers, clients, contractors and other third parties and ensure employees know how to report incidents.
5. Strengthen record keeping
With tribunal limitation periods increasing, employers should ensure that relevant employment records can be located and retained appropriately.
6. Prepare for the January 2027 reforms
Employers should review probation arrangements, performance management procedures and dismissal processes ahead of the reduction in the unfair dismissal qualifying period.
How Apex can help
The employment law landscape is undergoing significant change, and employers should ensure that their contracts, policies and workplace procedures keep pace with the new requirements.
At Apex, we can advise employers on the practical implications of the Employment Rights Act 2025 and help businesses prepare for the changes coming into force during 2026 and 2027.
Whether you need assistance reviewing your employment contracts and policies, dealing with a workplace dispute, managing a disciplinary or grievance process, or preparing for changes to unfair dismissal protection, our employment law team can provide practical advice tailored to your business.
Contact Apex today to discuss how the October 2026 employment law changes may affect your organisation.
UK Employment Law Changes Coming in 2026