Employment Rights Act 2025: key changes for life sciences employers in October 2026

October 2026 sees the newest wave of employment law changes introduced by the Employment Rights Act 2025 (ERA).

For employers in the life sciences sector, these developments come at a time when businesses are already facing complex regulatory requirements, intense competition for specialist talent, global workforces, and increasing scrutiny around workplace culture. This article sets out an overview of the key changes; for a deeper dive into the measures introduced by the Employment Rights Act, see our ERA hub here.

Tribunal claims limitation period

One of the biggest changes applying from 1 October is the extension of the time limit for most Employment Tribunal claims. This has increased from three to six months, giving employees more time to consider whether to bring a claim.

This may give rise to an increase in the volume of claims being brought and add further pressure to a strained tribunal system. It will, however, also allow more time for a negotiated settlement to be reached before the tribunal deadline. The backlog of claims in the tribunal system already means that employers are facing the prospect of defending claims many months, and even years, after the relevant events occurred. Organisations should therefore ensure robust document retention and information governance processes are in place to capture and retain key data to defend future claims.

Harassment

Sexual harassment

Since 2024, employers have been under a duty to take reasonable steps to prevent sexual harassment of their employees. From 30 October 2026, this requirement is strengthened, with employers now required to take all reasonable steps to prevent sexual harassment. The change may seem minor, but it is significant as it increases the burden on employers to demonstrate the preventative measures that have been taken.

Many life sciences employers may have already taken steps to comply with the existing duty through training, policies and reporting mechanisms, but there is more work to be done. Employers should now revisit their existing arrangements and assess whether additional controls are required. Now is a good time to review risk assessments and ensure that training is refreshed and up-to-date. Employers should ensure that harassment risk assessments reflect the realities of how their workforce operates, including lone working, hybrid working arrangements, international collaboration and interactions with third parties. Where incidents arise, prompt investigation and appropriate action remain critical.

Where an employee is successful in a sexual harassment claim, they may be entitled to a 25% uplift on any compensation awarded where there has been a failure to comply with this duty.

The government is expected to publish guidance on steps that may be regarded as reasonable. However, the list will not be exhaustive, and tribunals will continue to assess what additional measures may have been required in the specific circumstances of the employer.

Duty to protect against third-party harassment

From 30 October 2026, employers will also be subject to a freestanding duty to take reasonable steps to protect employees from harassment by third parties. This change is particularly relevant within the life sciences sector, where employees frequently interact with a broad range of third parties including clients, contractors, suppliers and distributors, industry collaborators, research organisations, academic partners, consultants, investors, visitors and other external stakeholders.

Existing sexual harassment compliance work should not be assumed to satisfy this new obligation. Risk assessments should specifically consider third-party interactions and identify where additional safeguards may be required.

Practical measures could include:

• incorporating behavioural expectations into supplier and contractor agreements;
• updating visitor and site access policies;
• providing enhanced training for managers and frontline employees;
• implementing clear reporting channels;
• setting expectations for conduct at conferences, industry events and investigator meetings; and
• communicating a zero-tolerance approach to harassment by external stakeholders.

For employers operating laboratories, manufacturing facilities or clinical environments, a documented and regularly reviewed risk assessment is likely to be particularly important evidence of compliance.

Trade union rights

Employers with more than 21 workers will be required to facilitate a new statutory right for trade unions to access the workplace. This change aims to improve the opportunities for trade unions to meet, represent, recruit and organise workers, although organising industrial action is excluded. Access agreements will not generally be presumed to be legally binding, but employers and unions may complain to the Central Arbitration Committee (CAC) where breaches occur.

For employers operating research facilities, laboratories, manufacturing sites or highly regulated production environments, workplace access requests may raise specific operational considerations, including:

• health and safety and other regulatory requirements;
• security arrangements;
• intellectual property protection; and
• confidentiality obligations.

An updated code of practice on the right of trade unions to access workplaces has been published, and employers should consider appointing someone within their organisation to respond to requests and familiarise themselves with both the code, and how access rights can be accommodated and managed to avoid future disputes.

October also introduces a new requirement for employers that permit trade union officials and learning representatives to take time off for trade union duties. Where requested, employers must now provide facilities enabling those duties to be carried out. In addition, there is a new right to a reasonable amount of paid time off, together with access to facilities, for trade union equality representatives.

Employees will also receive enhanced protection from detriment for participating in industrial action, supplementing the existing protection against dismissal.

For further information on these changes, and the wider implications of the Employment Rights Act 2025 for life sciences employers, please contact Victoria Spires.