Several significant changes under the Employment Rights Act 2025 come into effect this autumn and early next year, which relate to tribunal deadlines, harassment prevention and trade union rights.
Changes from 1st October 2026
Staff Get Longer to Bring a Claim
The standard time limit for bringing most employment tribunal claims is extending from three to six months. The longer limit applies where the act complained of (or, for a series of acts, the last of them) takes place on or after October 1st 2026. In practice, this means the window in which a dismissal, disciplinary process or grievance could come back as a claim is doubling.
This is a good prompt to make sure your records – investigation notes, warnings, performance reviews and so on – are being kept for long enough and are clear enough to stand up to scrutiny months after the event.
Changes from 30th October 2026
A Tougher Duty to Prevent Harassment
Since October 2024, employers have had to take ‘reasonable steps’ to prevent sexual harassment of their staff.
This standard will rise to ‘all reasonable steps’ from October 30th, which is a noticeably tougher requirement. The government has not yet published guidance spelling out exactly what it expects, so some judgement will be needed in the interim.
At the same time, employers will become liable for harassment of staff by customers, clients, contractors or members of the public, unless they can show they took all reasonable steps to prevent it.
This third-party liability is not limited to sexual harassment, but covers harassment linked to most protected characteristics, such as race, sex, disability or age.
Tribunals already have the power to increase compensation by up to 25 per cent where the duty to prevent sexual harassment is breached, so failure to comply could become costly.
New Trade Union Rights, Even Without a Recognised Union
A set of trade union changes arrives on October 30th, which apply directly to businesses regardless of whether they currently recognise or deal with a union.
In particular, a new right will allow trade unions to request access to workplaces (in person or digitally) to meet, represent or recruit workers; this applies to employers with 21 or more workers across the business. If an employer refuses a request and agreement cannot be reached, the union can apply to the Central Arbitration Committee, which can decide the terms of access. An employer that then fails to comply with the agreed or ordered access terms faces financial penalties of up to £75,000 for a first breach, rising to £150,000 and then £500,000 for repeat breaches.
Workers will also gain new protection from being penalised for taking part in lawful industrial action.
Changes from 1st January 2027
Statement of the Right to Join a Union
This change was originally due on October 30th but has been deferred. From January 1st 2027, all employers must give every worker a written statement of their right to join a trade union. New starters must receive it alongside their written statement of employment particulars, existing workers must receive it by April 5th 2027, and it must then be reissued annually.
This applies whether or not a union is recognised, and it will need to be built into induction paperwork and handbooks.
What to do before the end of October
- Check how long you currently retain dismissal, disciplinary and grievance records, and extend this in light of the longer tribunal time limit.
- Review your harassment, dignity at work and grievance policies to cover harassment by third parties – not just colleagues and managers.
- Carry out a simple risk assessment of customer-facing or lone-working roles, where third-party harassment is most likely.
- Refresh manager and staff training so people know what harassment looks like, how to report it, and what happens next.
- Prepare a right-to-join-a-union statement for your onboarding pack and handbook, ready for new starters from January 1st 2027 and existing staff by April 5th 2027 and diarise the annual reissue.
- If you employ 21 or more people, think now about how you would respond to a request for workplace access from a union.
- Keep a record of everything you do – policies, training dates, risk assessments – as this is your main line of defence if a claim arises.
None of this needs to be complicated, but it does need to happen before the end of October.
If you would like help reviewing your policies, handbook or onboarding paperwork, please contact Kelly Ladd at kelly.ladd@thomas-carroll.co.uk or on 02920 853731.
