Beyond the Employment Rights Act - What’s Coming into Force in October 2026?

A further wave of significant rights and obligations under the Employment Rights Act 2025 (ERA) come into force on 30 October 2026.  This blog summarises the key changes and what they are expected to mean for employers.

One important change has already been introduced with effect from 1 October 2026 – the extension of Employment Tribunal limitation periods from three months to six months for most employment claims (in Scotland, the extended time period will only apply from 9 November 2026 for breach of contract claims).  The practical effect is to double the period during which employers may face litigation risk following workplace disputes, disciplinary processes and terminations.

Key Changes Taking Effect on 30 October 2026

Trade Union Reform 

Today marks the next major phase of implementation of the ERA’s industrial relations agenda. A package of measures will strengthen trade union rights and protections.

• Strengthening trade union rights of access

Trade unions will, for the first time, have general rights of physical and digital access to workplaces and workers for the purposes of recruiting, organising and representing members. The rules apply to employers with 21 or more workers. The Government’s preference is for access arrangements to be agreed on a voluntary basis, outside the statutory regime. However, where this is not achieved, a statutory process can be initiated to negotiate an access agreement. If the statutory negotiations are unsuccessful, the Central Arbitration Committee (the CAC) has power to determine whether access should be granted and, if so, on what terms.  The relevant provisions of the ERA and a new associated statutory code of practice both come into force today.

What does this mean for employers? 

This is potentially a very significant change.  It is possible that many employers, including those who currently have little or no contact with trade unions, may in future receive a statutory access request from a trade union seeking workplace access, or a preliminary voluntary request with the trade union suggesting this would be preferable to it going through a statutory process.  The statutory timetable to respond is short so ‘just in case’ preparation should be considered.

Employers should therefore consider developing protocols for responding to access requests and identify how physical and digital access arrangements could operate in practice.

• Extended protection during industrial action

Workers will be protected against detriment short of dismissal for participating in protected industrial action.  This reflects changes introduced by the ERA to reverse the Supreme Court’s decision in the Mercer case that UK law did not protect employees from detriment short of dismissal while on strike.  Workers will now be protected from actions such as loss of overtime or disciplinary proceedings, the sole or main purpose of which is to prevent or deter them from taking part in protected industrial action, or to penalise them for doing so.  It will still be lawful to apply proportionate reductions in pay for the days an employee is on strike and declines to work. 

Protections against dismissal for participating in protected industrial action are already in place – a dismissal on these grounds is automatically unfair.     

What does this mean for employers? 

Workplace policies, disciplinary processes and industrial relations procedures should be reviewed to ensure they remain compliant with the new framework.  Employers who are contemplating steps that could be construed as detrimental to striking employees will need to be able to demonstrate a clear business reason for the relevant steps which does not have as its sole or main purpose a desire to prevent or deter participation in protected industrial action (or to impose a penalty for doing so).   

• Simplification of the statutory recognition and derecognition process

Various requirements relating to the rights of a trade union to make an application for statutory recognition were relaxed earlier in 2026, including the requirement for those in support to represent at least 40% of the bargaining unit. Various further changes come into effect today.  The number of workers in a proposed bargaining unit will be fixed when an application for recognition is received by the CAC, and that number cannot be increased. This will limit the ability to influence recognition outcomes through workforce changes (for example, new hires will not affect the size of the bargaining unit or be eligible to vote in a recognition ballot).  A new statutory code of practice on access and unfair practices during trade union recognition and derecognition processes also comes into force today.

What does this mean for employers? 

Managers may need to reassess industrial relations strategies and ensure managers understand the restrictions that apply during union recognition exercises.

• New rights and protections for trade union representatives

A broader range of trade union representatives will have a legal right to accommodation and facilities if they request them.  From today, this right will apply to union representatives, union learning representatives and union equality representatives.  For the first time, union equality representatives will also have a legal right to time off for certain duties and training. 

An updated ACAS code of practice on time off for trade union duties and activities also comes into effect today. 

What does this mean for employers?

Employers should review existing facilities arrangements, policies governing representative activity and time-off provisions.

Harassment Reform

The Government is also significantly strengthening employers' obligations in relation to workplace harassment: 

• Enhanced duty to prevent sexual harassment

An employer’s existing obligation to take reasonable steps to prevent sexual harassment will be strengthened and will become an obligation to take "all” reasonable steps to prevent sexual harassment of their employees.  This is a more onerous obligation.  The Government has powers under the ERA to introduce regulations to identify steps that are to be regarded as reasonable.  However, regulations are not expected before 2027 and an employment tribunal might also determine in a given case that other steps ought reasonably to have been taken.

What does this mean for employers?

The new standard raises the compliance threshold considerably. Employers should review anti-harassment policies, training programmes, reporting channels and risk assessments to ensure a robust preventative framework is in place. Pending the introduction of regulations, employers are likely to pay regard to guidance and recommendations published by the Equality and Human Rights Commission.   

• Liability for third-party harassment

Employers will also become liable if their employees are harassed in the course of employment by third parties (including, for example, customers, contractors or service users) unless they can show they have taken all reasonable steps to prevent the harassment. This applies to harassment in relation to any protected characteristic covered by the Equality Act 2010 (for example sexual harassment or harassment on the grounds of race, age or disability).

What does this mean for employers?

The reforms increase legal exposure in customer-facing and public-facing environments. Employers should consider whether client terms, supplier contracts, visitor policies and workplace reporting mechanisms sufficiently address third-party misconduct.

One measure that has been postponed

It had also been intended that the new duty for employers to inform workers of their right to join a trade union would come into effect today.  The implementation date has been postponed and the duty is now expected to take effect in January 2027.  In the consultation response published on 25 September 2026, the Government sets out how the duty is intended to operate, including a standardised written statement informing workers of their right to join a trade union.  Employers will need either to reissue the statement annually or, where it is made available indirectly, provide an annual reminder explaining where workers can find it.  This will be covered in our future editions of “What’s Coming into Force”.

If you would like to discuss how the changes summarised above impact your organisation or you need assistance reviewing policies, third-party terms, or workplace access arrangements, please reach out to your usual Freshfields People & Reward or Risk and Compliance contact.