What’s changing?
- Tribunal claim deadlines double – from 1 October 2026, employees have six months (up from three) to bring most Employment Tribunal claims against an employer.
- Duty to prevent sexual harassment – from 30 October 2026, employers must take “all reasonable steps” to protect workers from sexual harassment, including third-party harassment by clients, customers, or suppliers.
- Trade union access and notice – from 30 October 2026, employers must provide new starters and existing staff with a written notice of their right to join a trade union. Recognised independent unions will also gain a statutory right to request physical or virtual access to the workplace.
Three major updates to UK employment law under the Employment Rights Act take effect in October 2026. If you employ staff in the UK, here are the three critical workplace changes you need to prepare for:
1. Employees now have twice as long to raise a tribunal claim (1 October 2026)
From 1 October 2026, the standard time limit for workers to submit a claim to an Employment Tribunal increased from three months to six months following the incident or termination date.
This window applies to the majority of common workplace claims – including unfair dismissal, unlawful deduction from wages, and discrimination under the Equality Act 2010.
Historically, the three-month limitation period meant small business owners knew relatively quickly if a dispute was turning into a legal claim. With six months now available, claims can surface long after an employee has left or after a disciplinary procedure has closed.
Accurate record-keeping and clear documentation of grievances, performance reviews, and dismissals are now essential for maintaining robust legal defense evidence over longer periods.
Key takeaway: Workers now have six months, instead of three, to lodge most Employment Tribunal claims. Accurate record-keeping and clear documentation of grievances, performance reviews, and dismissals are now essential.
2. Harassment protections (30 October 2026)
From 30 October 2026, employers face a legal obligation to take “all reasonable steps” to prevent sexual harassment in the workplace. This responsibility extends to third parties – protecting staff from harassment by customers, clients, contractors, or delivery personnel.
To comply with these updated protections, small business owners should audit their current anti-harassment policies and risk assessments.
What are reasonable steps?
Reasonable steps generally include:
- maintaining and publishing a clear zero-tolerance harassment policy
- conducting documented anti-harassment training for managers and staff
- creating accessible reporting systems
- displaying customer-facing conduct notices where applicable (such as in retail, hospitality, or public services)
If you need more information, Acas has updated its sexual harassment guidance in preparation of the changes.
Key takeaway: Employers will need to proactively prevent sexual harassment from colleagues and third parties (like clients or delivery drivers) by conducting risk assessments, updating policies, and training staff.
3. Trade union reform (30 October 2026)
From 30 October 2026, two major reforms to trade union relations come into effect:
- Written notification right – employers must provide all workers with a written statement informing them of their legal right to join a trade union.
- Statutory workplace access – independent trade unions will gain a statutory right to request reasonable access to workplaces (either physically or digitally) to meet, organise, and engage with workers.
Small businesses will need to update their onboarding documentation and template contracts to include the standard union rights statement before the end of October. Employers will also need to create clear protocols for handling formal access requests from union representatives.
Key takeaway: Employers must issue written statements informing staff of their right to join a trade union. You’ll also need to prepare clear procedures to handle statutory union requests for physical or virtual workplace access – including updating their onboarding documents.
What do these October 2026 changes mean for your business insurance?
Updating your workplace policies is your first line of defense, but having the right insurance coverage can help make sure your business isn’t hit by unexpected legal bills if a dispute reaches a tribunal.
Business legal insurance (available as an add-on to your main policy) can help cover legal representation costs, court fees, and potential tribunal compensation awards. With claim time limits doubling to six months and new statutory rights around trade union access and harassment prevention, the likelihood of complex legal disputes increases.
While employers’ liability insurance is commonly a legal requirement in the UK, standard employers’ liability doesn’t cover Employment Tribunal claims or third-party harassment disputes.
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FAQs: October 2026 employment law changes
What are the main UK employment law changes in October 2026?
The key changes under the UK Employment Rights Act in October 2026 are:
- 1 October 2026 – extension of Employment Tribunal claim time limits from 3 months to 6 months
- 30 October 2026 – now mandatory for employers to take “all reasonable steps” to prevent sexual harassment, including third-party harassment by customers or clients
- 30 October 2026 – requirement to inform workers in writing of their right to join a trade union – plus a new union statutory access right to workplaces
How long do UK employees have to bring an Employment Tribunal claim in 2026?
As of 1 October 2026, the time limit for employees to file most claims (including unfair dismissal, discrimination, and unpaid wages) to an Employment Tribunal is six months from the date of the alleged incident or termination.
Are employers liable for third-party harassment under the 2026 Employment Rights Act changes?
Yes. From 30 October 2026, UK employers are legally required to prevent sexual harassment committed by third parties – such as customers, clients, contractors, and visitors. Employers must take all reasonable preventive measures to avoid liability.
Do small UK businesses have to inform workers about trade union rights?
Yes. From 30 October 2026, every UK employer, regardless of business size, must provide workers with a written statement notifying them of their legal right to join a trade union.
More guides for small businesses with employees
- Small business health and safety policy – what should I include?
- Employer National Insurance: rates and thresholds for small businesses
- Stakeholder mapping for small businesses: a simple guide
- A guide to paying PAYE for small businesses
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