The Employment Rights Act 2025 is being implemented in phases, with a number of significant employment law reforms taking effect during 2026. The next wave of changes arrives in August and October, extending the limitation period for many Employment Tribunal claims and introducing new trade union rights, enhanced protections against harassment and additional obligations for employers. With many of these reforms requiring changes to policies, procedures and workplace practices, employers should now be taking steps to prepare for the new regime.
In this article, we highlight the key changes coming into force in August and October and outline the practical steps employers can take to ensure compliance and minimise risk.
Employers should be aware that the Employment Rights Act 2025 extends the limitation period for many Employment Tribunal claims from three months to six months, significantly increasing the period during which claims may be brought.
The new six-month time limit will apply to most types of Employment Tribunal claims. The only exception is breach of contract claims, which will remain subject to the existing deadline of three months less one day from the date employment ends.
While these changes provide individuals with more time to pursue claims, they should not be viewed as an invitation to delay. For claimants, trade unions and advisers, the prompt gathering of evidence and careful strategic preparation of cases will remain essential as the new regime takes effect in October 2026.
The Employment Rights Act 2025 continues to reshape UK trade union law, with further reforms taking effect in August and October 2026. Together, these changes are designed to modernise union activity, strengthen workplace access rights and increase protections for workers involved in trade union activities and industrial action.
From 31 August 2026, trade unions will be able to conduct statutory ballots electronically and in workplaces, making voting quicker and easier. The change could help unions organise and mobilise members more efficiently, potentially increasing trade union activity and accelerating employee relations issues.
Further reforms take effect on 30 October 2026, including a new duty on employers to inform workers of their right to join a trade union, changes to trade union recognition procedures, enhanced workplace access rights for unrecognised unions, new rights for trade union equality representatives, and stronger protections for workers taking part in lawful industrial action. Employers should maintain open communication with employees, support voluntary engagement with trade union representatives and avoid any conduct that could be perceived as discouraging union activity.
Practical steps:
Train HR teams and managers on the new electronic balloting rules, statutory requirements and appropriate responses to trade union activity and industrial action.
Review contingency plans for collective disputes, industrial action and union campaigns.
Update offer letters, contracts and onboarding documentation to reflect the new duty to inform workers of their trade union rights.
Establish clear procedures for trade union requests, ensure to keep record of requests and ensure workforce information is readily available.
Update disciplinary, grievance and industrial relations policies.
Read our guide to trade union reforms under Employment Rights Act 2025 for an in depth overview of all key trade union reforms taking effect throughout 2026 and key action points for employers.
From 30 October 2026, employers must take all reasonable steps to prevent sexual harassment in the workplace, strengthening the current duty to take only reasonable steps. They will also be required to prevent third-party harassment related to any protected characteristic under the Equality Act 2010, including age, disability, race, religion or belief, sex, and sexual orientation.
The government will have the power to set out in regulations the steps that employers should take, or may be deemed to have failed to take, to prevent sexual harassment. Although detailed regulations may not be published until 2027, the government has indicated that they could include, among other measures:
Conducting specified workplace assessments, likely including risk assessments.
Publishing plans, policies or other documentation aimed at preventing sexual harassment.
Implementing effective procedures for reporting incidents of sexual harassment.
Establishing appropriate processes for investigating and handling complaints.
What amounts to all reasonable steps will vary depending on factors such as an employer’s size, operations, working environment and resources. The enhanced duty, together with new liability for third-party harassment, is likely to make defending harassment claims more difficult and could lead to higher compensation awards and enforcement action by the Equality and Human Rights Commission.
Practical steps:
Review and update anti-harassment policies to ensure they address both sexual harassment and third-party harassment.
Carry out workplace risk assessments to identify situations where employees may be exposed to harassment, including interactions with customers, clients, contractors and other third parties.
Provide regular training to managers and employees on recognising, preventing and reporting harassment, and ensure training is refreshed periodically.
Review reporting procedures to ensure employees can raise concerns easily and confidentially, and that complaints are investigated promptly and consistently.
Maintain clear records of risk assessments, training, complaints and actions taken, as these may assist in demonstrating compliance with the duty to take all reasonable steps.
Employers should not wait until October 2026. Organisations that establish clear procedures, train managers and prepare for workplace access requests now will be better placed to comply with the new regime and maintain constructive employee relations.
If your business needs assistance with updating its existing policies or preparing new ones, or if you have any questions about the introduction of these new rights, please get in touch with our employment team.
