With the first wave of reforms under the Employment Rights Act 2025 introduced in April, employers have already had to make significant adjustments to the way they manage their workforce. October brings the next important stage of change.

Employers should understand how the reforms affect their organisation and identify any changes needed to policies, training and internal processes.

Employment Tribunal time limits have doubled

On 1 October 2026, the time limit for bringing most Employment Tribunal claims increased from three months to six months. The six-month limit generally applies where the relevant workplace event occurred on or after 1 October 2026. The process for making a claim, including notifying Acas, has not changed.

For employers, the change means a longer period of uncertainty following dismissals, grievances and other workplace disputes. It also increases the importance of preserving relevant evidence, as key witnesses may leave and memories may fade before a claim is presented.

Employers should consider:

• Reviewing retention periods for HR records and potential dispute evidence, taking account of the longer limitation periods and the effect of Acas Early Conciliation.
• Using the additional time constructively to explore internal resolution or Acas conciliation where appropriate.
• Obtaining witness accounts promptly where a dispute may lead to a claim.
• Ensuring investigation notes, correspondence and supporting documents are properly retained.

New protection against third-party harassment

From 30 October 2026, employers will be under a new obligation not to permit third parties to harass their employees in the course of their employment. An employer may be treated as having permitted the harassment where it failed to take all reasonable steps to prevent it.

The protection is not limited to sexual harassment. It covers harassment under the Equality Act 2010, including sexual harassment and harassment related to a protected characteristic, apart from pregnancy and maternity and marriage and civil partnership. It will be particularly relevant where employees interact with customers, clients, patients, contractors, suppliers or members of the public.

Simply responding after an incident may not be enough. Employers should assess the risks employees face and consider proportionate preventative measures, which may include:

•  Clear and accessible reporting arrangements.
• Appropriate training for managers and employees.
• Procedures for responding to unacceptable conduct by third parties.
• Communicating behavioural expectations to customers, visitors, suppliers and contractors, and taking prompt and consistent action when concerns are raised.

Measures should be proportionate to the risks facing the organisation. Employers should also be prepared to address unacceptable behaviour consistently, including where the person concerned is a commercially important customer or client.

Stronger duty to prevent sexual harassment

From 30 October 2026, the existing duty to take reasonable steps to prevent sexual harassment of employees will be strengthened. Employers will instead be required to take all reasonable steps to prevent it. This raises the standard expected of employers and places greater emphasis on proactive prevention.

Having a policy will not, on its own, demonstrate that the duty has been met. Employers should consider whether their arrangements are effective in practice, including their approach to risk assessment, training, reporting and the handling of complaints.

If an Employment Tribunal upholds a sexual harassment claim, awards compensation and finds that the employer breached the preventative duty, it may increase the compensation awarded by up to 25%.

Employers should not treat the absence of complaints as evidence that there is no risk. Clear reporting arrangements and a workplace culture in which employees feel able to raise concerns will be important parts of a credible prevention strategy.

New trade union access rights

New statutory trade union access rights are due to take effect from 30 October 2026, subject to parliamentary approval.

Independent trade unions will be able to request physical or digital access to workplaces to meet, support and communicate with workers. Access will operate through a statutory access agreement agreed with the employer or, where agreement cannot be reached, determined by the Central Arbitration Committee.

The separate duty to provide workers with a written statement informing them of their right to join a trade union is now scheduled to take effect from 1 January 2027, rather than 30 October 2026. The detailed requirements will be set out in secondary legislation.

Employers should consider:

• Putting in place an internal process for receiving, escalating and responding to statutory union access requests.
• Briefing appropriate HR and management personnel on the new access framework.
• Reviewing existing employee consultation and engagement arrangements.
• Preparing to update onboarding documents and employee communications once the detailed requirements for the January 2027 written statement are confirmed.

These changes matter even to employers that do not currently recognise a trade union.

Preparing for what comes next

The October reforms are part of a much wider programme of employment law change. Further significant reforms will take effect from 1 January 2027, including a reduction in the qualifying period for ordinary unfair dismissal from two years to six months and removal of the compensatory award cap.

Many employers are still working through what the developing legal framework will mean in practice and which measures they should prioritise.

To help employers navigate the reforms, Kitson Boyce is running a practical three-part webinar series covering:

• The October 2026 employment law changes and their practical implications for employers.
• The January 2027 unfair dismissal reforms and how organisations should prepare their workforce and management teams.
• Redundancy, restructuring and workforce planning in a changing legal landscape.

The webinars will provide practical guidance, highlight common pitfalls and help employers plan for the next stages of reform.

Individual webinars are £20 per session or £55 for the full series. Retainer clients can attend free of charge.

Reserve your place: https://www.eventbrite.com/e/workforce-ready-three-practical-employment-law-briefings-for-employers-tickets-2000978847598?aff=oddtdtcreator.

The common theme running through the October reforms is prevention. Employers that start preparing now will be better placed to manage risk, respond confidently to workplace issues and adapt to the wider programme of employment law reform ahead.

This article provides general information only and does not constitute legal advice.