The employment law landscape continues to evolve, and October 2026 marks another significant milestone in the implementation of the Employment Rights Act 2025. Employers should be aware that several important reforms are taking effect during October, with further changes scheduled for January 2027 and beyond.
These developments are not simply administrative updates. They will affect how employers manage workplace disputes, prevent sexual harassment, engage with trade unions, and maintain employment records. Businesses that prepare early will be better positioned to manage risk, remain compliant, and maintain good workplace practices.
Key Employment Law Dates in October 2026
There are two critical dates employers should note:
1 October 2026 :
- Most Employment Tribunal claim time limits increase from three months to six months.
30 October 2026
- Enhanced duties to prevent workplace sexual harassment come into force.
- New trade union information and workplace access rights take effect.
These reforms form part of the wider implementation programme under the Employment Rights Act 2025, which is being introduced in stages rather than through a single commencement date.
Extension of Employment Tribunal Time Limits
From 1 October 2026, the limitation period for the majority of Employment Tribunal claims has increased from three months minus one day to six months minus one day, subject to the existing Acas Early Conciliation provisions.
The reform is intended to provide both workers and employers with more time to:
- Consider the merits of a potential claim.
- Engage in internal dispute resolution.
- Explore settlement opportunities.
- Participate in Acas Early Conciliation
Why This Matters for Employers
The increased limitation period extends the timeframe during which employment disputes may progress to formal litigation.
As a result, employers should ensure that:
- Employment records are retained for appropriate periods.
- Disciplinary and grievance documentation is stored securely.
- Investigation notes are maintained accurately.
- Performance management records are readily accessible.
- Correspondence relating to employment decisions is preserved.
A longer claim window means businesses may need to rely on records and witness evidence many months after an incident, dismissal, or workplace dispute has occurred.
Scotland-Specific Exception
For breach of employment contract claims in Scotland, the revised time limit comes into effect on 9 November 2026, rather than 1 October 2026.
Third-Party Harassment Responsibilities
From 30 October 2026, employers will be expected to take reasonable steps to protect workers from sexual harassment by third parties, not just by colleagues within the organisation. This could include incidents involving customers, clients, contractors, suppliers, visitors or members of the public. The change is particularly relevant for businesses operating in customer-facing sectors, such as hospitality, retail, healthcare and transport, where employees regularly interact with individuals outside the organisation.
To reduce risk and demonstrate compliance, employers should review their existing arrangements and consider implementing:
- Clear reporting and escalation procedures.
- Appropriate workplace conduct and anti-harassment policies.
- Training for employees and managers.
- Measures to address unacceptable behaviour from customers or other third parties.
- Support mechanisms for workers who raise concerns.
Where incidents occur, employers should investigate promptly, take appropriate action and maintain accurate records of the steps taken. A proactive approach will help create a safer working environment and reduce the risk of potential Employment Tribunal claims.
Trade Union Reform: What Employers Need to Know
Several significant trade union reforms are scheduled to take effect from 30 October 2026.
New Duty to Inform Workers of Trade Union Rights
Employers will be required to provide workers with information about their right to join an independent trade union in the prescribed manner and at prescribed times.
Businesses should review:
- New starter processes.
- Induction materials.
- Employment documentation.
- Internal communications procedures.
Increased Trade Union Workplace Access
Trade unions will benefit from expanded rights to engage with workers through workplace access arrangements. These measures are designed to facilitate:
- Recruitment activities.
- Representation.
- Organisation of workers.
- Collective bargaining discussions.
Employers with recognised trade unions, or organisations operating within heavily unionised sectors, should ensure they understand the requirements and implications of the new framework.
Record-Keeping Has Never Been More Important
One of the most practical consequences of October’s reforms is the increased importance of employment record management.
Good record-keeping should include:
- Employment contracts.
- Variation letters.
- Performance reviews.
- Absence records.
- Flexible working requests.
- Disciplinary records.
- Grievance documentation.
- Investigation outcomes.
- Equality and diversity training records.
- Harassment training records.
Accurate records can prove essential if an Employment Tribunal claim is submitted months after an event occurred.
What Is Not Changing in October 2026?
A common area of confusion concerns unfair dismissal rights.
The significant reforms relating to ordinary unfair dismissal do not take effect in October 2026.
Instead, the Government’s implementation timetable indicates these changes are expected from 1 January 2027.
Expected reforms include:
- Reduction of the qualifying period for ordinary unfair dismissal protection from two years’ continuous service to six months.
- Removal of the statutory cap on compensatory awards for unfair dismissal.
Employers should therefore avoid assuming that these measures have already commenced.
What About Other Employment Rights Changes?
The October 2026 reforms form part of a wider programme of employment law changes being introduced in stages. Several significant reforms have already taken effect during 2026, including changes to Statutory Sick Pay, day-one rights to paternity leave and unpaid parental leave, enhanced collective redundancy protections, and the establishment of the Fair Work Agency. Further reforms are expected throughout 2027, including changes to unfair dismissal, fire and rehire practices, flexible working rights, bereavement leave and protections for workers on zero-hours contracts.
Employers should therefore avoid viewing October as a standalone compliance exercise. A more effective approach is to undertake regular reviews of employment policies, procedures and management practices to ensure the business remains compliant as each phase of reform comes into force.
How Should Small Businesses Prepare?
Smaller employers may assume that these reforms are primarily aimed at larger organisations, but many of the changes apply regardless of the size of the business. The challenge for smaller employers is often finding the time and resources to keep pace with legislative developments and ensure compliance.
A sensible starting point is to review the areas that present the greatest potential risk.
Review Employment Policies
Review your disciplinary, grievance, absence management, harassment and dismissal procedures to ensure they remain appropriate, up to date and aligned with current legal requirements.
Review Contracts and Documentation
Check that employment contracts, staff handbooks and workplace policies accurately reflect the way your business operates and incorporate any relevant legislative changes.
Train Managers
Policies are only effective when they are consistently applied. Managers should be equipped to deal confidently and fairly with complaints, absence issues, performance concerns and disciplinary matters.
Improve Record-Keeping
With Employment Tribunal limitation periods increasing, maintaining clear and accurate employment records is more important than ever. Decisions should be properly documented at the time they are made, rather than being reconstructed months later if a dispute arises.
Plan for January 2027
Employers should also use the remainder of 2026 to prepare for the next phase of employment law reform. This includes reviewing how new starters, probationary periods, performance management processes and potential dismissals are handled ahead of the anticipated changes to ordinary unfair dismissal rights.
How The Infinity Group Can Help
At The Infinity Group, we help employers stay ahead of legislative changes through regular compliance updates, practical guidance and expert support. Our updates explain what new employment law developments mean in practice, helping businesses remain compliant and reduce risk.
For businesses looking to remove the burden of employment compliance altogether, our Umbrella Solutions provide a fully managed employment model. Under this arrangement, The Infinity Group becomes the employer, assuming responsibility for payroll, workplace pensions, statutory payments, employment contracts, right to work checks, HR administration, employment law compliance and all associated employer obligations.
This allows businesses to focus on their core operations while we manage the employment responsibilities and ensure compliance with an ever-changing regulatory landscape.