Employment law changes in October 2026: final checklist

Posted Wednesday 30th September 2026

October 2026 will see a number of significant changes introduced under the Employment Rights Act, affecting tribunal procedures, workplace harassment obligations, and trade union rights. HR teams are encouraged to policies, strengthen processes and ensure they can evidence compliance if challenged.

1 October 2026: Employment Tribunal claims period doubles

The time limit for bringing most Employment Tribunal claims will increase from three months to six months (though this new limitation period will only apply to claims where, the date of the alleged mistreatment falls on or after 1 October 2026). This change is likely to create a longer period of uncertainty for employers and may result in tribunal proceedings being initiated much later after workplace events have occurred. It could also influence settlement negotiations and increase pressure on employers to retain evidence for longer.

Final checks for HR teams:

• Review document retention procedures for disciplinary, grievance and performance matters.
• Ensure managers understand the importance of preserving emails, messages and other workplace records.
• Introduce an early case-assessment process when disputes arise.
• Secure witness evidence and written accounts as soon as possible after an incident.
• Review settlement and litigation strategies in light of the extended claims period.

30 October 2026: Stronger duties to prevent sexual harassment

The current obligation to take “reasonable steps” to prevent sexual harassment will be replaced by a duty to take “all reasonable steps“.

Whilst the practical scope of the new requirement remains uncertain (as the government has not yet clarified what “all reasonable steps means”, tribunals are expected to scrutinise more closely whether additional preventative measures could have been implemented.

Employers will also face a new obligation relating to harassment by third parties. Specifically, employers will be liable for harassment committed by third parties (such as,  customers, clients, contractors or suppliers)

Final checks for HR teams:

Policies

• Review /refresh anti-harassment and dignity-at-work policies.
• Explicitly address inappropriate conduct by customers, clients, suppliers and contractors.
• Ensure policies are easily accessible to employees.
• Consider publishing policies on the company website.

Training

• Deliver refresher training to all staff with such sessions having auditable training records and attendance logs..
• Provide enhanced training for managers on handling complaints and third-party incidents.
• Schedule regular refresher sessions rather than relying on one-off training.

Third-party risk management

• Review supplier and contractor agreements (as well as any other applicable third party contracts).
• Add appropriate anti-harassment obligations and protections to contracts with third parties.
• Request copies of third-party risk assessments where relevant.
• Assess workplace arrangements before employees attend external sites.

Creating a speak-up culture

• Promote clear reporting channels.
• Encourage colleagues to look out for one another.
• Display clear signage in customer-facing environments.

30 October 2026: Expanded trade union rights

The reforms to trade union law have been described as the most significant in a generation, with the aim of making it easier for unions to campaign, gain recognition and organise industrial action. The changes cover:

• Rights of (physical or virtual) access to a workplace.
• Recognition processes.
• Industrial action procedures.
• Notification requirements.
• Protections for trade union members.

Practical HR actions

• Brief senior leaders on the changes and associated risks.
• Review employee relations policies and procedures.
• Identify who will manage union engagement and recognition requests.
• Train managers on lawful responses to union activity.
• Develop a communications plan to ensure consistent messaging across the business.
• Consider what forums are currently in place with staff and, if any, whether such existing forums are adequate for staff to (collectively) voice concerns.

HR readiness checklist

By the end of October, HR teams should aim to have:

-Updated workplace policies
-Refreshed training programmes completed
-Auditable training and compliance records in place
-Enhanced document retention processes
-Third-party risk assessments reviewed
-Manager briefing sessions deliveredy
-Trade union response protocols agreed

Employers that focus on preparation and evidence now will be in a far stronger position to demonstrate compliance and minimise risk once these changes take effect. If you would like help preparing for these changes, contact Jonathan Bruck or Joe Taylor.

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This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.

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