October 2026: Is your business ready for the next round of changes?

The next big changes under the Employment Rights Act 2025 arrive in October, with several key measures taking effect on 1 October and a further cluster at the end of the month on 30 October. This wave shifts the focus firmly onto tribunal risk, harassment prevention and trade union rights. With less than a month to go, businesses that haven't already reviewed their policies and processes should treat this as a priority.

Tribunal Time Limits Double: 1 October 2026

From 1 October 2026, the time limit for bringing most employment tribunal claims doubles from three months to six. This is a genuinely significant shift for employers. Claims that would previously have fallen outside the time limit, because an employee was off sick, waiting on an internal appeal, or simply slow to act, will increasingly remain in time. Once Acas early conciliation is factored in, an ET1 may not land on an employer's desk until close to a year after the events in question. Document retention policies built around a three-month window need review, since many will now be disposing of records, including disciplinary, grievance and dismissal documentation, well before a claim could realistically be brought.

Right to Work Checks Expand: 1 October 2026

Also from 1 October 2026, right to work check obligations expand to cover a wider range of working arrangements, including certain subcontractors and gig economy workers, not just direct employees. Civil penalties for non-compliance can reach up to £60,000 per worker, and liability can extend through contractual chains beyond the immediate employer. Businesses using subcontractors, agency staff or gig economy arrangements should review their engagement models and verification processes now.

The "All Reasonable Steps" Harassment Duty: 30 October 2026

From 30 October 2026, the duty to prevent sexual harassment is raised from taking "reasonable steps" to taking "all reasonable steps," and employers become directly liable for harassment of their staff by third parties, such as customers, clients and contractors. A policy and a single generic training session, however well intentioned, are unlikely to satisfy the higher standard. Employers should be treating a documented risk assessment, an up-to-date policy, and evidenced, regular training as the baseline, not the finish line.

Trade Union Rights Expand: 30 October 2026

The same date brings a cluster of trade union reforms into force, including a new duty for employers to inform workers of their right to join a trade union, updated rules on a union's right of access to the workplace, new rights to facilities and time off for union representatives, and an updated Code of Practice on trade union recognition. Workers taking part in industrial action also gain protection against being treated less favourably by their employer as a result. Employers should review template statements of employment particulars, and familiarise HR and management teams with the new access and recognition rules including access requests.

Public Sector Outsourcing and Social Care

October 2026 also brings new measures for public sector outsourcing, designed to ensure equal terms and conditions for outsourced staff, along with the establishment of a new negotiating body for adult social care. These changes are more sector-specific, but organisations operating in public sector supply chains or social care should factor them into their planning now.

What Businesses Should Do Before October

Review document retention policies. Extend retention periods for disciplinary, grievance and dismissal records to reflect the longer limitation period, rather than the old three-month assumption.

Carry out a sexual harassment risk assessment. Identify where risk sits in your organisation, including third-party contact points, and document the steps taken to mitigate any risks. This document is key to any defence.

Update your harassment policy and deliver fresh training. Both need to reflect the "all reasonable steps" standard and the new third-party liability position. Generic webinars won't satisfy the requirement, you need tailored training to your organisation.

Check your right to work processes. Particularly if your business engages subcontractors, agency staff, or gig economy workers.

Brief managers on trade union access rights. So requests are handled correctly and consistently from day one.

Impact

October 2026 is another big month in the Employment Rights Act 2025 calendar. With tribunal time limits doubling, harassment duties rising, and new trade union rights landing, businesses that wait until the changes arrive to start preparing will already be behind. Reviewing policies, training and processes now is the difference between being ready and playing catch-up.

That's exactly where we can help. We offer an Employment Rights Act health check, a practical review of your existing policies, contracts, document retention practices and processes against everything landing this October, and beyond, so you know precisely where your gaps are and what needs fixing before the changes take effect, not after a claim or complaint forces the issue. Read more here: Employment Rights Act 2025 Health Check | Impact Employment Law

We also deliver training on the new "all reasonable steps" harassment duty, covering what the higher standard actually requires, how to carry out and document a proper risk assessment, how to handle third-party harassment risk, and what managers need to know to spot and respond to concerns early. This can be delivered as a standalone session or built into wider management training and gives you the kind of evidenced, role-appropriate training a tribunal or the EHRC will expect to see.

If you'd like an Employment Rights Act health check, or want to get ahead of the new harassment duties with bespoke training before 30 October, get in touch for more information.

Contact Oliver Tasker: 📞 Call: 01522 776270 ✉️ Email: oliver@impactemploymentlaw.co.uk

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