Employment Law Changes Coming in October 2026: What Employers Need to Know

10 September 2026

The UK employment law landscape is changing significantly with further measures from the Employment Rights Act 2025 coming into force during October 2026.

For employers, HR teams and recruitment businesses, October represents another important stage in the Government’s wider Plan to Make Work Pay programme.

While some of the most widely discussed changes, particularly the reduction in the qualifying period for unfair dismissal, are not coming into force until January 2027, there are several important changes employers need to prepare for now.

Here are the key employment law changes coming in October 2026.

1. Employment Tribunal Time Limits Will Double

From 1 October 2026 the time limit for bringing most employment tribunal claims will increase from three months to six months.

The change is intended to give employees more time to resolve workplace disputes internally, use ACAS Early Conciliation and, where necessary, consider bringing a tribunal claim.

Importantly, this does not mean employers should simply wait longer before dealing with employment disputes.

For employers, the practical effect is that potential disputes could remain live for considerably longer.

What should employers do?

Employers should make sure that:

• Disciplinary and grievance procedures are followed consistently.
• Investigations are properly documented.
• Records relating to employees are retained for an appropriate period.
• Managers understand how to deal with workplace complaints.
• HR teams are aware that an employee may now have considerably longer to bring a claim.

The change applies to issues arising on or after 1 October 2026. Issues arising before that date will generally remain subject to the existing three-month time limit.

For businesses, this makes good HR record-keeping even more important.

---

2. Stronger Protection Against Sexual Harassment

One of the most significant October changes relates to workplace sexual harassment.

From 1 October 2026 employers will be required to take “all reasonable steps” to prevent sexual harassment of their employees.

This strengthens the existing duty introduced by the Worker Protection Act 2023, which already requires employers to take reasonable steps to prevent sexual harassment.

The new requirement means employers should be able to demonstrate that they have actively considered the risks within their workplace and taken appropriate measures to address them.

This is not simply about having a policy sitting in an employee handbook.

Employers should consider whether they have:

• An up-to-date sexual harassment policy.
• Appropriate training for employees and managers.
• Clear reporting procedures.
• A process for investigating complaints.
• Identified areas where employees may be particularly vulnerable to harassment.
• Appropriate measures for dealing with inappropriate behaviour by customers, clients, contractors or other third parties.

Third-party harassment

Another important change is that employers will have a new obligation not to permit harassment of their employees by third parties.

This is particularly relevant to businesses where employees regularly interact with customers, clients, contractors or members of the public.

For example, employers should consider what would happen if a customer repeatedly made inappropriate comments to an employee.

Simply saying that the customer is not an employee of the business will no longer be an adequate approach.

Employers should have procedures for identifying, reporting and dealing with inappropriate behaviour from third parties.

---

3. New Trade Union Rights

October will also bring significant changes to trade union rights.

From 30 October 2026, independent trade unions will have a new legal right to access workplaces and engage with workers.

Access may be physical, digital or a combination of the two.

Where an employer and union cannot agree access arrangements, either party will be able to apply to the Central Arbitration Committee (CAC) for a decision.

There is an exemption for employers with fewer than 21 workers across all their workplaces.

Employers should therefore be aware that requests from recognised or prospective trade unions may need to be dealt with under a new statutory framework.

---

4. Employers Will Have to Tell Workers About Their Right to Join a Union

From 30 October 2026, employers will also have a new duty to inform workers of their right to join a trade union.

This forms part of a wider package of reforms intended to make it easier for workers to understand and exercise their trade union rights.

Businesses should review their employee communications and onboarding processes to ensure they are capable of complying with the new requirements.

---

5. Don’t Confuse the October Changes With the New Unfair Dismissal Rules

One of the biggest employment law changes coming under the Employment Rights Act is the reduction of the qualifying period for ordinary unfair dismissal.

However, this does not happen in October 2026.

The new rules are scheduled to come into force on 1 January 2027.

From that date, the qualifying period for ordinary unfair dismissal will be reduced from two years to six months.

The existing cap on compensatory awards for unfair dismissal will also be removed.

This is likely to have a significant impact on recruitment, probation, performance management and dismissal procedures.

Employers should therefore use the next few months to review their processes rather than waiting until January.

Why this matters for recruitment

The reduction to six months means that employers will need to be much more careful when dealing with employees who are relatively new to the business.

A poorly managed probation period or dismissal could potentially lead to an unfair dismissal claim much sooner than under the current two-year qualifying period.

Employers should consider:

• How probation periods are managed.
• Whether performance expectations are clearly documented.
• How performance concerns are communicated.
• Whether managers are properly trained.
• Whether dismissal procedures are followed consistently.
• Whether decisions are supported by appropriate evidence.

---

What Should Employers Do Now?

October 2026 should not be viewed as a single employment law change. It is another stage in a much wider programme of employment law reform.

Businesses should be taking the opportunity now to review their employment practices.

Our recommended checklist:

1. Review your sexual harassment policy

Make sure it reflects the new “all reasonable steps” requirement and covers risks involving third parties.

2. Train managers

Managers are often the first people to become aware of workplace problems. They need to know how to recognise and escalate complaints.

3. Review your disciplinary and grievance procedures

Make sure investigations, meetings and decisions are properly documented.

4. Check your record-keeping

The extension of tribunal time limits means that businesses should think carefully about how long relevant employment records need to be retained.

5. Prepare for the January 2027 unfair dismissal changes

Don’t wait until January to start reviewing probation and dismissal procedures.

6. Review your recruitment processes

Businesses that use temporary workers, agency workers or workers on short-term assignments should make sure their employment processes remain compliant as the wider reforms come into force.

---

What About Zero-Hours Contracts and Agency Workers?

There has understandably been considerable attention on proposed changes affecting zero-hours contracts, agency workers and predictable working arrangements.

However, employers should be careful about assuming that all of these measures come into force in October.

The Government’s current timetable places several of these reforms later in the implementation programme, with further regulations and consultation required. The Government has proposed rights relating to guaranteed hours, reasonable notice of shifts and compensation for shifts cancelled or changed at short notice, but these are not part of the main October 2026 changes.

For employers using agency and temporary workers, this is an area that we are constantly monitoring.

---

The Bigger Picture

The changes coming in October are only part of a much larger programme of employment law reform.

Further measures are expected during 2027, including:

• The new six-month unfair dismissal qualifying period.
• Changes to fire and rehire rules.
• Enhanced protections for pregnant employees and new mothers.
• Further changes to flexible working.
• New rights relating to guaranteed hours and shift notice.
• Further changes affecting collective redundancy.
• Regulation of umbrella companies.
• Changes concerning non-disclosure agreements.

The Government’s implementation timetable remains subject to parliamentary processes and further consultation, so employers should avoid relying on old information or assuming that every proposed reform has a confirmed implementation date.

How can employers prepare?

The best approach is not to wait for each individual change to come into force.

Employers should review their employment policies, contracts, HR procedures and management practices now and ensure that managers understand what is expected of them.

For businesses using temporary or agency workers, it is also important to make sure that responsibilities between the recruitment agency and the hiring business are clearly understood.

Employment law is changing rapidly. Being prepared now can help businesses avoid costly disputes later.

This article is intended as general information and does not constitute legal advice. Employment legislation and implementation dates can change, so employers should obtain appropriate professional advice for their individual circumstances.