October 2026 will mark the next major phase of the UK Government’s employment law reform programme under the Employment Rights Act 2025. Following a tranche of changes already, employers will further face a number of significant new obligations aimed at strengthening workplace protections, enhancing trade union rights and improving access to justice for workers.
October 2026 Employment Law reforms: key developments
The Government’s updated implementation timetable confirms that several important measures are expected to take effect during October 2026, with further reforms to follow throughout 2027. Employers should begin reviewing policies and procedures now to ensure compliance and minimise litigation risk.
Extension of employment tribunal time limits
One of the most significant procedural changes is the extension of the limitation period for most Employment Tribunal claims from three months to six months, expected to take effect from 1 October 2026. This change is intended to provide claimants with greater opportunity to seek advice and pursue claims.
For employers, the practical implications are clear:
- Potential claims may arise much later than under the current regime;
- Longer document retention and case management periods will become increasingly important; and
- Businesses may experience an increase in claims progressing to tribunal rather than falling outside limitation periods.
Strengthened duty to prevent sexual harassment
The Worker Protection Act (Amendment of Equality Act 2010) 2023 introduced a duty on employers to take “reasonable steps” to prevent sexual harassment. From 30 October 2026, this obligation is expected to be elevated to a requirement to take “all reasonable steps” to prevent workplace sexual harassment.
Although further guidance is anticipated, employers should expect tribunals to scrutinise:
- Anti-harassment policies;
- Staff and management training;
- Reporting procedures;
- Risk assessments; and
- Evidence of ongoing monitoring and review.
Merely having a sexual harassment policy in place is unlikely to be sufficient. Employers will need to demonstrate proactive and continuous efforts to prevent sexual harassment occurring.
New liability for third-party harassment
A further notable change is the reintroduction of protection against third-party harassment. Employers will be required to take all reasonable steps to prevent harassment of workers by customers, clients, contractors, service users and other third parties.
This reform is likely to have particular significance for sectors involving frequent public interaction, including:
- Retail;
- Hospitality;
- Healthcare;
- Social care;
- Transport; and
- Leisure and customer-facing services.
Expansion of Trade Union rights
One of the most notable October 2026 reforms is the expansion of trade union rights. From 30 October 2026, Employers will be required to inform workers of their right to join a trade union and independent trade unions will gain enhanced rights to seek access to workplaces for recruitment, organising and representation purposes.
Although the detailed framework is still being finalised, the new regime is expected to allow unions to request access to workplaces and, where access arrangements cannot be agreed, seek determination through the Central Arbitration Committee (CAC). Access may include opportunities to meet workers, distribute information and communicate with employees through agreed channels.
Employers will retain the ability to impose reasonable restrictions to protect health and safety, security, confidentiality and operational requirements, but they should be cautious about measures that could be perceived as obstructing legitimate trade union activity.
Other union changes including freezing the bargaining unit once a recognition application is in, new rights for union representatives, and increased protection for employees against dismissal and detriment for taking industrial action.
In preparation, employers should review induction materials, contracts, employee handbooks and internal procedures, and ensure managers understand how to respond appropriately to trade union access requests.
Procurement and the return of the two-tier code
The Government is also expected to reinstate the so-called two-tier code for outsourced public sector services. The reform aims to protect the terms and conditions of employees affected by outsourcing arrangements.
Organisations operating within public sector supply chains should review outsourcing practices and employment documentation to assess the impact of these changes.
Tipping reforms
Further strengthening of workplace tipping rules is expected by the end of 2026. The reforms are intended to improve transparency and ensure fair allocation of tips and service charges to workers. Businesses in hospitality and leisure sectors should review their tipping policies and payroll arrangements in anticipation of tighter regulation.
Preparing for compliance
With October 2026 approaching, employers should undertake a comprehensive review of their employment practices. Priority areas include:
- Updating anti-harassment and dignity-at-work policies;
- Reviewing staff training programmes;
- Establishing procedures for dealing with third-party harassment;
- Updating recruitment and onboarding documentation;
- Reviewing document retention policies in light of extended tribunal limitation periods; and
- Assessing industrial relations and trade union procedures.
Looking Ahead
The October 2026 reforms represent only one stage of the Government’s wider programme of workplace reform. Further changes currently scheduled for 2027 include reforms to unfair dismissal, fire-and-rehire practices, zero-hours contracts, flexible working rights and enhanced protections for pregnant employees and new parents.
Employers who begin preparations now will be better placed to manage risk, maintain compliance and adapt successfully to the evolving employment law landscape.
How can we help?
Rebecca Arnold is an Associate in our team of expert Employment Law solicitors, providing advice on performance management and a wide range of contentious and non-contentious matters including discrimination claims in the tribunal.
If you require advice regarding unfair dismissal claim costs or assistance with preparing appropriate policies, please do get in touch with an Employment Law solicitor in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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