SafeHR
SafeHR
October 2026 is shaping up to be another significant milestone in the government’s Employment Rights Act roll out programme. Following a series of employment law changes already introduced in 2026, employers will soon face new responsibilities around workplace harassment, trade union rights and employment tribunal claims.
For many organisations, the challenge won’t simply be understanding the new rules. It will be making sure policies, procedures, training and day-to-day management practices keep pace with the changes.
Here’s a practical guide to what’s changing and what employers should be doing now to prepare.
From 1 October 2026, the time limit for bringing most employment tribunal claims will increase from three months to six months.
At first glance, this may seem like a relatively minor procedural change. In reality, it could have significant implications for employers.
A longer limitation period means workplace disputes may remain “live” for twice as long as they do today. Managers and HR teams may need to retain records for longer, keep investigation notes readily available and be prepared for claims to arise many months after an employee has left the business.
This extended timeframe could also increase uncertainty following dismissals, disciplinary action, grievances and other employee relations issues. Employers may find it more difficult to move on from disputes when the potential for legal action remains open for an additional three months.
The practical lesson is clear: robust documentation matters more than ever. Accurate records, fair processes and well-documented decision-making will continue to be your strongest defence if a claim arises.
Perhaps the most significant changes arriving on 30 October 2026 relate to workplace harassment.
The focus of the new law is prevention. Rather than reacting once a problem occurs, employers will increasingly be judged on what they did to stop harassment happening in the first place.
Since October 2024, employers have been required to take reasonable steps to prevent sexual harassment.
From 30 October 2026, that obligation becomes more demanding. Employers will be expected to take “all reasonable steps” to prevent sexual harassment of their employees.
While further regulations are expected to provide additional detail, the higher standard raises an important question:
Can your organisation demonstrate that it has done everything reasonably possible to reduce the risk of harassment?
This is likely to go far beyond having a policy tucked away in an employee handbook.
Employers should be considering:
The Equality and Human Rights Commission is expected to update its guidance ahead of the changes, but employers should not wait until the last minute to begin reviewing their approach.
Another major development is the return of employer liability for harassment committed by third parties.
From 30 October 2026, employers may be liable where employees experience harassment from customers, clients, contractors, suppliers or other third parties during the course of their work unless they can demonstrate they took all reasonable steps to prevent it.
Importantly, this protection applies to harassment linked to all protected characteristics, not just sexual harassment.
This change reflects the reality of modern workplaces. Many employees regularly interact with members of the public, clients, service users and external stakeholders. A single incident could potentially expose an employer to liability if preventative measures were inadequate.
Employers should therefore consider:
The organisations best placed to comply will be those that can clearly evidence the steps they have taken before an incident occurs.
October 2026 also brings several important changes to trade union rights.
Employers will be required to inform workers of their right to join a trade union.
Further details regarding the exact wording and delivery requirements are still expected, but employers should prepare for updates to onboarding processes, contracts, employee handbooks and induction materials.
While this may appear to be a straightforward administrative change, it highlights a wider trend towards increasing employee awareness of workplace rights.
Trade unions will also gain enhanced access rights, including both physical workplace access and digital access through channels such as email or internal systems.
Employers and unions may agree access arrangements directly. Where agreement cannot be reached, formal processes will be available through the Central Arbitration Committee.
For employers, this means reviewing existing industrial relations procedures and understanding how requests for access should be managed.
Businesses with little previous union engagement may need to familiarise themselves with the new framework before the changes take effect.
A further development expected during October 2026 is the establishment of the Adult Social Care Negotiating Body in England.
The intention is to create a framework through which employer and union representatives can negotiate sector-wide agreements on pay and terms and conditions.
For organisations operating within adult social care, this could represent a substantial shift in how employment terms are determined in future. Further consultation and regulations are expected before the framework becomes operational.
The common theme running through all of these reforms is preparation.
Many organisations make the mistake of waiting until a claim happens before taking action. However, the businesses that manage legal risk most effectively tend to review policies, train managers and update systems as soon as they can.
As October 2026 approaches, employers should consider:
The organisations that take proactive steps now are likely to find compliance significantly easier when the new duties arrive.
Keeping up with employment law can feel like a full-time job in itself.
With further Employment Rights Act reforms already scheduled for 2027 and beyond, many employers are understandably concerned about staying compliant while continuing to focus on running their business.
That’s where SafeHR can help.
Our HR experts continuously monitor employment law developments and update policies, guides and practical resources to reflect changing legal requirements. SafeHR’s support service provides access to experienced advisers who can help you understand what the changes mean for your organisation and what actions you should take.
SafeHR software also helps businesses manage key compliance activities, maintain accurate employee records, distribute policies and keep important documentation organised in one place. SafeHR provides HR support and software designed to help businesses stay compliant and manage their people effectively.
As the October 2026 reforms approach, now is the perfect time to review your readiness and ensure your organisation is prepared.
The October 2026 employment law changes represent another important step in the ongoing Employment Rights Act reform programme. Employers will face longer tribunal claim periods, stronger obligations to prevent harassment, new responsibilities relating to trade unions and sector-specific developments in adult social care.
While some of the detailed guidance is still to come, the direction of travel is already clear. Prevention, documentation, training and proactive compliance will become increasingly important.
Businesses that start preparing now will be in a much stronger position when the changes take effect.
If you’re unsure where to begin, SafeHR‘s team is here to help you stay ahead of the changes, reduce risk and navigate the evolving employment law landscape with confidence.
If you suspect that one of your employees has a problem with alcohol and don’t know how to proceed, or would like to create a policy around alcohol abuse in the workplace, our HR consultants can help.
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