What to expect in October – the latest changes under the Employment Rights Act 2025

October 2026 sees the latest wave of employment law changes introduced by the Employment Rights Act 2025 (ERA). 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 most significant changes applying from 1 October is the extension of the time limit for most Employment Tribunal claims from three to six months, giving employees more time to consider whether to issue a claim.

This may give rise to an increase in the volume of claims being brought and add further pressure to an already-creaking tribunal system, although, conversely, it also allows 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. There needs to be a greater emphasis on promptly capturing and retaining key data which may be used to defend a future claim, and securing litigation assistance from key personnel who may have departed the organisation.

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, this bar will be raised, requiring them to take all reasonable steps (our emphasis) to prevent sexual harassment in the workplace. The change is subtle but significant – organisations will find it very difficult to defend a claim where an employee can demonstrate a single reasonable step that the employer has not taken.

Employers should already have undertaken risk assessments and put in place training and policies to comply with the existing duty. Now is a good time to revisit those risk assessments, take any additional steps that may be necessary to comply with the duty, and ensure that training is refreshed and up-to-date. Following an incident, employers should investigate, take action and review their controls. Repeated incidents are likely to be difficult to defend if lessons have not been learned.

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 to publish guidance containing examples of steps considered as reasonable. However, the list will not be exhaustive and the Employment Tribunal will have the discretion to determine whether, in the circumstances, the employer should have taken additional measures to protect employees.

Duty to protect against third-party harassment

In addition to the above, from 30 October employers will be under a free-standing duty to protect employees against all forms of harassment (not just sexual harassment) by third parties, such as contractors, customers and visitors. It should not be assumed that existing (sexual) harassment compliance work will be enough. Policies, training and risk assessments should be reviewed specifically through the lens of third-party risks.

A documented risk assessment will be critical, particularly for public-facing organisations. The focus should be on where employees interact with customers, clients, patients, contractors and members of the public. Employers should consider visible communications to third parties (eg customer notices, event terms, or visitor policies), setting out their zero-tolerance policy and consequences of breaches.

Trade union rights

Employers with more than 21 workers will be required to facilitate a new right for trade unions to access the workplace. The purpose of this new right is to help to improve opportunities for unions to meet, represent, recruit, and organise workers (organising industrial action is excluded). Access agreements will not be presumed to be legally binding, but the employer/union will be able to complain to the CAC in event of breach. 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 sees a new requirement on employers that permit union officials and learning representatives to take time off to carry out trade union duties. Should it be requested, employers must now provide them with facilities for carrying out those duties/activities. In addition, there will be a new right to a reasonable amount of paid time off, and the provision of facilities, for trade union equality representatives.

Employees will receive new protection against detriment for taking industrial action, in addition to the existing protection against dismissal.

For further information on all of these changes and on the other measures introduced by the Employment Rights Act 2025, please contact Paul Mander or your usual employment team contact.