October 2026: A big month for employment law

October 2026 has been a significant month for employment law changes, mainly under the Employment Rights Act 2025.

From longer employment tribunal time limits and new trade union access rights to stronger duties to prevent workplace harassment and wide obligations regarding right to work checks, employers need to understand what the changes mean in practice.

Head of Employment Law, Laura Wilson, provides a brief overview of the key changes and the practical steps employers should consider.

Employment tribunal time limits

On 1 October 2026 the time limit for bringing employment tribunal claims increased from three months to six months where the relevant date occurs on or after 1 October 2026.

Employers should review litigation strategies and processes and be aware that increased time limits may result in more tribunal claims.

Trade union access to workplaces

From 30 October 2026 independent trade unions will have a new right to request physical and digital access to workplaces. Access may be sought to meet, support, represent, recruit or organise workers, or to facilitate collective bargaining.

Employers should review their employee relations strategy, train managers in the new right and consider practical issues arising from having third parties accessing a workplace.

Stronger protection against harassment

From 30 October 2026 employers will be required to take all reasonable steps to prevent workplace sexual harassment. Liability for harassment by third parties will also be introduced, covering harassment related to any protected characteristic.

Employers should review their policies, training, reporting channels, contractual arrangements and procedures for investigating complaints. The focus is now on being proactive rather than reactive.

Trade union rights and protections

From 30 October, trade union rights and protections will be strengthened, including rights for workplace representatives to paid time off and access to facilities, together with greater protection against detriment for taking industrial action. Changes will also be made to the statutory recognition process.

Employers should review existing arrangements and ensure managers understand how requests for time off and facilities should be handled.

Right to work checks: wider responsibilities

Separate to the Employment Rights Act 2025, important changes to right to work checks also came into force on 1 October 2026.

Right to work responsibilities have been extended beyond employees to cover certain other working arrangements, including workers and individual subcontractors, meaning businesses may face liability for illegal working in circumstances where they previously would not.

Employers should review their wider workforce arrangements and right to work processes to ensure appropriate checks are being carried out.

Is your organisation prepared?

The October changes create new responsibilities and risks for employers, including longer tribunal time limits, increased trade union rights and stronger harassment protections.

If you would like support preparing your organisation for the changes, support reviewing your policies, training or current employment practices, please get in touch.