Employment law changes coming in October 2026
Several important employment law changes take effect in October 2026. Employers should take action now to ensure their policies, training, employee communications and internal processes are ready.
The principal changes for most businesses are:
longer Employment Tribunal claim time limits;
a stronger duty to prevent sexual harassment;
new protection against harassment by third parties;
a requirement to tell workers that they have the right to join a trade union; and
a new statutory process for trade union access to workplaces.
1. Employment Tribunal claim deadlines are doubling
What is changing?
From 1 October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months to six months.
The change applies where the relevant act, omission or other relevant event occurs on or after 1 October 2026. Acas Early Conciliation rules may still affect the final deadline in an individual case. [legislation.gov.uk]
What employers need to do
Make sure important employment records are retained securely and can be retrieved if a claim is raised several months later.
Keep clear records of grievances, disciplinary matters, performance concerns, consultations and decisions to dismiss.
Record the reasons for significant employment decisions and the information considered.
Do not assume that a workplace dispute has passed simply because the previous three-month claim period has expired.
Secure relevant documents and factual witness accounts promptly where a dispute may lead to a claim.
2. Employers must take “all reasonable steps” to prevent sexual harassment
What is changing?
From 30 October 2026, the existing duty to take reasonable steps to prevent sexual harassment will be strengthened. Employers will be required to take all reasonable steps to prevent it.
This requires a proactive approach across the entire organisation. Having a policy and responding appropriately after an incident may not be enough if other reasonable preventative steps could have been taken. [acas.org.uk]
What is reasonable will depend on factors such as the size and resources of the organisation, its sector, the work undertaken and the risks employees face.
What employers need to do
Complete and document a sexual harassment risk assessment.
Review or introduce an appropriate sexual harassment policy.
Ensure employees have more than one way to report a concern.
Provide appropriate sexual harassment prevention training for all employees.
Give managers and anyone responsible for handling complaints additional guidance or training.
Consider risks arising at social events, during work travel, online, while lone working and in informal workplace communications.
Keep evidence of risk assessments, policy communications, training and action taken in response to concerns.
Review preventative measures regularly and following any incident, complaint or significant change in working arrangements.
3. Employers will be responsible for preventing third-party harassment
What is changing?
From 30 October 2026, employers may be liable if an employee is harassed by a third party and the employer has not taken all reasonable steps to prevent it.
Third parties can include customers, clients, patients, service users, contractors, suppliers, visitors and members of the public. The protection is not limited to sexual harassment and can cover unlawful harassment relating to other protected characteristics. [acas.org.uk]
What employers need to do
Identify which employees have contact with clients, customers, patients, service users, contractors or members of the public.
Assess where and how third-party harassment could occur.
Update harassment, lone-working and personal-safety policies where necessary.
Tell employees how to report third-party behaviour and what support is available.
Make clear to customers, clients and suppliers that harassment of employees will not be tolerated.
Where appropriate, include expected standards of behaviour and possible consequences in contracts, terms and conditions or supplier arrangements.
Decide how the business may respond to unacceptable behaviour, including warnings, refusing service, changing the individual managing a relationship or ending a commercial relationship.
Record incidents, the response taken and any recurring concerns involving particular individuals, settings or working arrangements.
4. Workers must be told about their right to join a trade union
What is changing?
From 30 October 2026, employers will be required to give workers a written statement informing them that they have the right to join a trade union.
The statement must be provided when the employer gives a worker their written statement of employment particulars and at other times to be prescribed in regulations. The final requirements will determine the wording, format, delivery method and frequency. [legislation.gov.uk]
This duty will apply whether or not the business currently recognises or works with a trade union.
What employers need to do
Update the new-starter process so that the trade union rights statement is issued alongside written employment particulars.
Identify who will be responsible for issuing the statement.
Prepare a method of communicating the statement to existing workers once the final requirements are confirmed.
Retain evidence of when and how it was provided.
Monitor publication of the final regulations and government guidance.
Use the final prescribed wording or format rather than creating permanent wording before the requirements are confirmed.
5. New trade union access requests
What is changing?
From 30 October 2026, subject to parliamentary approval, independent trade unions will have a new statutory right to request physical or digital access to workers. This can apply even where the employer does not currently recognise a trade union.
The statutory regime is relevant to employers with 21 or more workers, including workers employed by associated employers. [assets.pub...ice.gov.uk]
What employers need to know
An employer receiving a formal access request must:
provide a formal response by the end of the 15th working day after the request was given;
if the request is not accepted in full, engage constructively with the trade union to try to agree suitable access arrangements; and
conclude those negotiations by the end of the 25th working day after the employer’s response notice was given. [legislation.gov.uk], [bing.com]
The 25-working-day negotiation period therefore runs from the employer’s response, not from the date of the original union request.
If agreement cannot be reached, either party may apply to the Central Arbitration Committee, known as the CAC. The CAC can decide whether access should be granted and set the terms of the access arrangement. An application must normally be made by the end of the 55th working day after the original request was given. [bing.com]
Employers should seek to reach a workable agreement directly with the union wherever possible, rather than leaving the CAC to determine the arrangements.
What employers need to do now
Nominate someone to receive, assess and respond to trade union access requests.
Make sure managers and administrative staff can recognise a request and escalate it immediately.
Provide and monitor an appropriate contact email address.
Record the date a request is received and diary the statutory deadlines.
Respond formally within 15 working days.
Engage promptly and constructively during the 25-working-day negotiation period.
Keep copies of the request, response, correspondence and any agreed terms.
Use the standard templates and model terms contained in the approved Code of Practice: Right of trade Unions to Access Workplaces once it comes into force. [assets.pub...ice.gov.uk]
October readiness checklist
Before October, employers should ensure that they have:
Completed and documented a sexual harassment and third-party harassment risk assessment.
Updated their harassment, reporting, lone-working and personal-safety policies where necessary.
Arranged appropriate sexual harassment prevention training for employees and managers.
Reviewed risks involving customers, clients, patients, service users, suppliers and contractors.
Made expectations of third-party behaviour clear and decided how incidents will be handled.
Reviewed record-retention arrangements in light of the longer Employment Tribunal claim period.
Prepared to issue the new trade union rights statement to new and existing workers.
Nominated a person to manage trade union access requests.
Briefed relevant managers and administrative staff on recognising and escalating an access request.
Established a process for complying with the 15-working-day response and 25-working-day negotiation deadlines.
Monitored the final regulations, prescribed wording and approved Codes of Practice before 30 October 2026.
How we can help
The Fractional HR Department can help you prepare for these changes by:
reviewing and updating your policies;
helping you complete a proportionate harassment risk assessment;
providing employee and manager training;
reviewing your arrangements for preventing third-party harassment;
updating onboarding and employee communications; and
establishing a practical process for handling any trade union access request.
Important note
This briefing reflects the government timetable, legislation and published guidance available as at 16 September 2026. Some of the detailed requirements due to take effect on 30 October 2026 remain subject to parliamentary approval or final regulations and guidance. Employers should check the final requirements before implementation. [business.gov.uk], [assets.pub...ice.gov.uk]