Employment Rights Act: what to expect in the second half of 2026

Employment law is set to undergo further changes this October as the Government continues its programme of workplace reform.

The latest implementation timeline, published by the Department for Business and Trade, outlines several significant changes under the Employment Rights Act 2025 that are due to come into effect this October (and beyond).

Firstly, and with effect from 1 October 2026, the time limits for bringing most Employment Tribunal claims will extend from three to six months.

Secondly, from 30 October, the following changes will take effect:

Sexual harassment protections                                  

• Employers will have to take ‘all’ reasonable steps to prevent sexual harassment of their employees in the course of their employment, enhancing the current duty to take only reasonable steps.

Third party harassment

• Employers will be liable for a third-party harassing any of their employees, unless the employer can show it took all reasonable steps to prevent it from happening.

Trade unions

• Employers will be required to inform workers, in writing, of their right to join a trade union.
• Trade unions will have the right to make access requests with the aim of physically entering workplaces or communicating with workers (or both) for various purposes.
• New rights and protections will be introduced for trade union representatives.
• Protections against detriment for workers taking industrial action will be extended.
• Reforms to trade union recognition and derecognition processes will be introduced, including measures to address unfair practices and freeze the bargaining unit once an application has been received.

Watsons Solicitors’ Managing Partner, Latham Parry, believes these legislative changes will bring a variety of challenges and risks to employers.

He said: “The extended time limits could mean not finding out that a claim has been brought against you for nearly a year, taking into account time spent during any early conciliation and large backlogs, which can result in delay in claims being processed by the Employment Tribunal.

“It’s also likely that the number of claims being brought will increase, adding to the risks to employers and causing further strain for a tribunal system which is already struggling to deal with record numbers of claims.

“As soon as a potential dispute or claim is recognised, employers should collate any relevant documents or information, carry out and record investigations, prepare statements on behalf of witnesses while memories are fresh, and securely keep all of these documents in case they are needed at a later date.”

Employers would also be wise to review their document retention policies to ensure that documents are not destroyed too soon.

HR teams and legal advisers should be assisting employers in reviewing and adjusting the employer’s approach to preventing harassment, including through anti-harassment policies, risk assessments, staff and manager training, reporting channels, and investigation procedures. 

The new obligations on employers in relation to trade unions and workplace access rights are major; failure to comply with these obligations can result in hefty fines and other costly consequences, so it’s important to be aware of these changes and to comply with all legal requirements.

Latham added: “With a number of significant reforms coming into force, our advice is to seek expert legal guidance at an early stage to minimise the risk of getting things wrong and hopefully avoid substantial liabilities.”

The employment law specialist and Managing Partner at the Cheshire law firm advises both employers and employees on a wide range of matters.

To speak to Latham about employment law, please contact enquiries@watsonssolicitors.com or call 01925 571 212.

Warrington-based Watsons Solicitors, which has been established for more than 60 years, specialises in family law, employment law, wills and probate, and conveyancing.

The team of experienced solicitors holds various accreditations and memberships of professional bodies relevant to their expertise, while the firm’s partners oversee all areas of work.