October 2026 brings the next round of changes under the Employment Rights Act 2025. If you run a small or growing business, the amount of new HR legislation can feel like a lot. We don’t think you need to worry, but it’s worth knowing what’s changing and making a few sensible updates now.
Here’s a plain-English summary.
1 October: Employees get twice as long to bring a tribunal claim
Most employees now have six months to bring an employment tribunal claim, up from three. This applies to anything where the date of the alleged act or failure (or where there is a series of acts or failures, the last in that series) falls on or after 1 October 2026.
What it means for you: a grievance or dismissal can stay “live” for much longer. Keep clear, dated records of conversations, meetings and decisions, and make sure your managers know to do the same.
30 October: A stronger duty to prevent sexual harassment
Since 2024 employers have had to take “reasonable steps” to prevent sexual harassment at work. From 30 October that becomes “all reasonable steps”, which is a noticeably higher bar.
Employers will also be responsible for preventing harassment of their staff by third parties such as customers, clients, contractors and members of the public.
What it means for you: having a policy filed away won’t be enough on its own. You should be able to show what you’re actually doing, for example:
- An up-to-date anti-harassment policy that covers third parties
- Training for staff and managers
- A clear, trusted way to raise concerns
- A harassment/sexual harassment risk assessment
- Regular reviews, with records that show you’ve done them
30 October: New trade union rights
Unions get new rights to access workplaces, both physically and digitally, to talk to staff. Workers also get stronger protection if they take part in protected industrial action. Businesses with fewer than 21 employees are exempt from the access rules, but every employer should understand the basics.
From January 2027, employers will also need to give workers a written statement explaining their right to join a trade union.
Looking ahead: the big one in January 2027
From 1 January 2027, the qualifying period for unfair dismissal protection falls from two years to six months. For many businesses this is the biggest change in the whole Act.
In practice, your probation periods, performance management and dismissal processes need to be solid from the very start of someone’s employment. If you’ve been relying on the two-year window, now is the time to review how you handle new starters. It also makes sense to review and shorten your probationary periods, if these are currently set at six months, to allow time to deal with any performance issues under probation, and well within the six months.
Further changes are expected later in 2027, including new rules on zero-hours contracts, “fire and rehire” and bereavement leave.
A quick checklist for this month
- ✔ Review your anti-harassment policy and add third-party harassment
- ✔ Book harassment-prevention training for managers
- ✔ Tighten up record-keeping for grievances, disciplinaries and dismissals
- ✔ Review your probation periods and process before January 2027
- ✔ Check your contracts and handbook are up to date
How Advise HR can help
We know that keeping up with employment law isn’t why you started your business. With over 17 years’ HR experience across many sectors, we keep things clear and practical. We’ll help you work out what applies to you and what doesn’t, without the jargon or scaremongering.
Whether you need a policy review, manager training or a few hours of HR support a week, we’re here to help. Get in touch on 07415 516 365 or email.
This article is for general guidance only and doesn’t replace advice specific to your situation.
Comments are closed here.