Employment Rights Act: Round two!

Big employment law changes are landing in October 2026. Employers will need to adapt to new requirements around harassment prevention, trade union rights and tribunal claims. Preparing now can save time, reduce risk and help keep your business compliant.

Alongside a tough economy and global uncertainty, employment law changes have dominated the SME landscape for more than a year.

This October, the next tranche of major changes are introduced. Here’s a look at what is in store, plus what you need to do to prepare.

Harassment – existing duties expanded

Harassment and sexual harassment have no place at work (or indeed anywhere), and new laws were introduced in 2024 putting an obligation on you to take preventative action.

The Employment Rights Act extends your obligations. The first key point stems from a change in wording, essentially adding the word “ALL” to the sentence: Employers must take ALL reasonable steps to prevent harassment and sexual harassment of employees.

In practice, this may vary from business to business depending on context, but the new wording will bring greater scrutiny on your actions should you be taken to an employment tribunal.

The second change is the addition of liability for third party harassment, i.e. from customers, suppliers and others not employed by you.

Key measures to satisfy these changes may include, regular staff training, insertion of clauses in supplier contracts of an expectation that they comply with the law and signage emphasising that harassment of staff will not be tolerated. As we say, it will vary by business.

If you want to learn more about how to manage these changes, sign up to our webinar on the 21st of October.

Trade unions – getting more power

Trade unions are already enjoying more freedoms as a consequence of the Employment Rights Act and this October these are extended further. From 30th October:

• You must inform staff of their right to join a trade union.

• Trade unions gain enhanced access rights – both in terms of physical access to property and digital access to your systems.

• Trade union representatives are given further protection from detriment as well as expanded rights to time off.

• A new statutory role of union equality representative is created with rights to paid time off and access to your facilities to perform duties related to equality.

• Unfair practice restrictions are beefed up for union recognition campaigns once an application has been accepted by the Central Arbitration Committee.

• Employee participation in industrial action is further protected.

In preparation for this, you should be prepared with a written statement you can provide to employees on their union rights, as well as understand the access requirements that unions can ask for, which may seem intrusive. Before engaging with, or responding to, any union action, ensure you know the new rules or seek professional advice.

Tribunal claim limits

Traditionally, employees have had a three-month window in which to bring most employment tribunal claims. From 1st October, this will be extended to six months.

Whilst a simple concept in itself, its application could be problematic. There is already a huge backlog in the processing of tribunal claims, so giving people more time to bring a claim is only likely to extend the uncertainty that this brings.

Your trusted HR adviser

It is a challenging time for SME businesses, and from several angles it will get more complicated this October. We remain by your side as “the voice of the SME”, providing you with information and pragmatic advice to take your business forward. If any of these points raises a concern for you, please don’t hesitate to contact us at your local HR Dept office. Call us on 0117 970 2955 or email bristol@hrdept.co.uk