Four significant employment law changes arrive in October 2026, all part of the phased rollout of the Employment Rights Act 2025. Employment Tribunal time limits double from 1 October. Then, on 30 October, employers take on stronger duties around sexual harassment, new liability for harassment by third parties, and new obligations on trade union rights.
That’s a lot landing in one month. To make things easier, here’s a quick summary of what’s changing and when, followed by the practicals steps to take before each deadline.
| Date | Change |
|---|---|
| 1 October | Employment Tribunal time limits increase from three to six months |
| 30 October | Sexual harassment: duty to take "all reasonable steps" to prevent it |
| 30 October | Employers become liable for harassment by third parties |
| 30 October | New trade union information and access rights |
Employment Tribunal time limits increase to six months
From 1 October, the time limit for bringing most Employment Tribunal claims doubles from three months to six. Employees will have considerably longer to decide whether to pursue a claim and begin Acas Early Conciliation (the free, mandatory step before most claims can reach a tribunal).
The main risk for employers is evidential. Over a longer window, memories fade, witnesses move on, and records become harder to locate. By the time a claim arrives, the information needed to respond to it may no longer be readily available.
What employers should do:
- Review document retention arrangements so that relevant HR records are kept for an appropriate period, balancing the longer claim window against your data protection obligations.
- Where a claim is a realistic possibility, build a clear documentary case file while events are still recent.
- Take witness accounts early rather than waiting for a claim to materialise.
- If a potential witness is leaving the organisation, obtain their account before they go.
- Make sure managers understand the importance of keeping clear, contemporaneous records of significant employee relations decisions and discussions.
Good record-keeping has always mattered. The longer claim window makes it essential.
Sexual harassment: from "reasonable steps" to "all reasonable steps"
Since October 2024, employers already have a proactive duty to take reasonable steps to prevent sexual harassment at work. From 30 October, that duty gets stronger: you’ll need to take “all reasonable steps”.
In practice, that means showing you’ve properly assessed the risks within their own organisation. A policy and generic training are unlikely to be enough on their own. It’s a solid foundation, but be aware that the bar for what counts as enough is now higher.
Areas to review:
- How you have assessed your sexual harassment risk
- Your anti-harassment policies
- Whether employee and manager training and communications are effective and relevant
- The process employees use to report concerns
- Whether previous complaints, employee surveys or exit interviews point to particular areas of risk
- Whether the preventative measures identified in your risk assessment are actually being carried out
If you consider a preventative measure but decide it would not be reasonable to implement it, document the reasons for that decision.
Employers become liable for third-party harassment
From 30 October, you’ll also be liable for harassment of your employees by third parties. This covers anyone employees encounter through their work, including customers, clients, patients, service users, contractors, suppliers, and visitors.
So, your harassment risk assessment needs to look beyond internal colleagues. Consider where your employees come into contact with third parties and where risks might arise. That includes settings away from your usual workplace, such as client premises, business events, and work-related social occasions.
Once risks are identified, consider what reasonable preventative measures could be put in place for each.
New trade union rights
Two changes to trade union rights also take effect on 30 October.
- Written statement of the right to join a union: You’ll have a new duty to give workers a written statement telling them of their right to join a trade union. Further guidance on the precise requirements is expected shortly.
- Workplace access for unions: Independent trade unions will gain statutory rights to request access to workplaces to communicate with workers. Access may be physical or digital, and it’ll operate through a statutory access agreement framework.
Decide who in your organisation will handle an access request, and make sure managers know to escalate any request rather than refuse it.
Acas’s Employment Rights Act 2025 page is a good place to keep an eye on as further guidance is published.
Your October checklist
Here’s everything in one place:
- Review document retention and case-recording arrangements ahead of the six-month claim window.
- Carry out a harassment and sexual harassment risk assessment.
- Make sure third-party harassment risks are covered in both your policy and your risk assessment.
- Review the training and communications your employees and managers need.
- Where you have identified risks, check that preventative measures are in place.
- Prepare for the new trade union information requirement.
- Make sure managers know where to escalate a trade union access request.
Preparing now is far easier than putting things right once an issue has been raised. And most of these steps build on work you’re probably already doing.
How Cintra can help
Cintra’s HR services team provides outsourced HR advisory support to help employers review policies, carry out risk assessments, and prepare managers for changes like these. If you’d like a hand getting ready for October, our HR experts are happy to talk things through. You’ll also find more practical guidance in our HR and employment law hub.
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Frequently Asked Questions
Q. When do the October 2026 employment law changes take effect?
A. The increase in Employment Tribunal time limits applies from 1 October 2026. The changes to sexual harassment duties, third-party harassment and trade union rights apply from 30 October 2026.
Q. How long will employees have to bring an Employment Tribunal claim?
A. For most claims, the time limit increases from three months to six months.
Q. Who counts as a third party for harassment purposes?
A. Anyone employees deal with through their work, including customers, clients, patients, service users, contractors, suppliers and visitors.
Q.Is an anti-harassment policy enough to meet the "all reasonable steps" duty?
A. Unlikely on its own. Employers should be able to show they have assessed the specific risks in their organisation and put appropriate preventative measures in place.
