October 2026 brings a range of employment law updates, covering tribunal deadlines, right to work checks, harassment prevention and trade union rights. Alongside changes taking effect this month, employers should begin preparing for further requirements expected in January 2027.
Understanding the changes is only the first step. Reviewing policies, briefing managers and strengthening everyday processes will help businesses prepare and manage their employment risks.
Longer employment tribunal deadlines make clear records essential
From 1 October 2026, the standard time limit for most employment tribunal claims increased from three months to six months. The extension generally applies to incidents occurring on or after that date.
This follows an earlier change to the Acas early conciliation period, which increased from six to twelve weeks on 1 December 2025. Early conciliation can pause the tribunal claim deadline while parties attempt to resolve a dispute.
For employers, this means workplace decisions may remain open to challenge for longer. Investigation notes, meeting records and the reasons behind grievance, disciplinary and performance decisions should be dated, consistent and easy to retrieve. Managers should also recognise that a complaint going quiet does not necessarily mean the matter is closed.
What employers should do
- Review record-retention policies to reflect the longer period in which evidence may be needed, particularly where a dispute is anticipated
- Brief managers on the extended deadlines and reinforce the importance of addressing concerns promptly
- Where employment practices liability insurance is in place, check the policy’s requirements for notifying potential claims
Scotland: A separate date applies to the extension for breach of employment contract claims, which takes effect on 9 November 2026.
Right to work responsibilities extend beyond employees
From 1 October 2026, right to work checking obligations extended beyond traditional employees to cover worker contracts, individual subcontracting arrangements and certain engagements through online matching services. Depending on the arrangements, responsibilities may also arise where labour is supplied through third parties or subcontractors.
Businesses using agencies, contractors or umbrella companies should not assume that using a third party automatically removes their responsibilities. Recruitment and operational teams need to understand which arrangements require checks, who is responsible for completing them and where the evidence is held.
Review workforce arrangements and checking processes
- Map the workforce to identify arrangements covered by the extended obligations
- Review agreements with labour providers and clarify responsibilities for checks and evidence-sharing
- Update onboarding documents, checklists and training to reflect the extended obligations
Failure to carry out the prescribed checks can expose businesses to civil penalties of up to £60,000 per illegal worker, with other sanctions possible depending on the circumstances.
Clients can request our right to work checks template to help review and strengthen their processes.
Stronger harassment prevention duties are expected
Further measures under the Employment Rights Act 2025 are due to take effect on 30 October 2026, including an enhanced duty requiring employers to take all reasonable steps to prevent sexual harassment.
What is reasonable will depend on the organisation’s size, sector and working arrangements. The emphasis, however, is on proactive prevention across the whole organisation, rather than responding only when a complaint arises.
The changes also include a duty to take all reasonable steps to prevent harassment of employees by third parties, such as customers, clients and suppliers. This covers sexual harassment and harassment related to the protected characteristics covered by the Equality Act 2010’s harassment provisions.
Strengthen reporting, training and preventative measures
Employers should review reporting and complaint-handling procedures, assess where harassment could occur and identify employees whose roles involve contact with third parties. Reporting arrangements should be accessible, with consideration given to supporting both named and anonymous reports.
Regular conversations with staff can help identify concerns and assess whether preventative measures are working. Role-related training should explain everyone’s responsibilities, be documented and refreshed regularly, as appropriate to the risks. Complaints should be addressed promptly, with confidentiality respected.
The Equality and Human Rights Commission is updating its guidance on sexual harassment and harassment at work. Employers should review their approach as further guidance becomes available.
Trade union access and protections are changing
Also due to take effect on 30 October 2026 are broader workplace access rights for eligible independent trade unions. Access may be physical, digital or a combination, enabling unions to meet, support, represent or organise workers and facilitate collective bargaining. It will not depend on union members already being present in the workplace.
Trade union access requests and agreements
Under the proposed arrangements and draft statutory Code of Practice, employers must respond to a formal access request within 15 working days. Where an employer issues a response notice, a 25-working-day negotiation period then applies.
If an agreement cannot be reached, either party can apply to the Central Arbitration Committee (CAC). The CAC can determine whether access should take place and on what terms, including imposing an access agreement where the statutory conditions are met.
The CAC can also enforce statutory access agreements, including through penalties for non-compliance.
Strengthened protections for representatives and workers
Trade union workplace representatives, including equality representatives, will also have strengthened entitlements and protections. These include:
- Reasonable paid time off for their duties
- Reasonable access to accommodation and facilities
- A presumption that a request for time off for union duties is reasonable unless the employer can demonstrate otherwise
Employers will also be prohibited from imposing detriments on workers where the main purpose is to penalise, prevent or deter protected industrial action. They may still proportionately withhold pay for time spent taking industrial action.
Prepare managers and establish clear procedures
To prepare, employers should brief managers, decide who will handle access and time-off requests, and establish clear procedures. These should reflect the draft Acas Code of Practice on time off for trade union duties and activities, alongside the Department for Business and Trade’s separate draft Code of Practice on access and unfair practices during recognition and derecognition.
Preparing for the January 2027 trade union information duty
Looking beyond October, a new duty is expected from 1 January 2027, requiring employers in Great Britain to give workers a standardised written statement explaining their right to join a trade union.
The statement’s content and format will be set out in secondary legislation, with further guidance expected in November 2026. It is expected to explain trade union functions, statutory membership rights and the Certification Officer’s list of trade unions. Where applicable, it will also include details of recognised unions and unions with statutory access agreements.
Initial deadlines for new and existing workers
- New workers: Those starting on or after 1 January 2027 must receive the statement directly, alongside their written statement of employment particulars
- Existing workers: Those employed when the duty comes into force who remain employed on 5 April 2027 must receive the statement, or be informed of where it is available, by 5 April 2027
Annual information requirements
After a worker first receives the statement, an annual obligation applies by 5 April each year. Employers may use direct methods, such as email or in-person delivery, or indirect methods, such as an intranet or staff handbook, where permitted.
If an indirect method is used, the statement must remain continuously available and reasonably accessible. An annual reminder must explain that the statement is available and where to find it.
Employers should prepare to update new-starter documentation once the prescribed statement is available, decide how to communicate with existing workers and establish a process for meeting the initial and annual deadlines.
Turning the October HR updates into action
- Update record-keeping and right to work processes to reflect the October changes
- Review harassment prevention measures
- Prepare managers for the forthcoming trade union changes
- Plan for January’s information duty
- Assign clear responsibilities to support consistent day-to-day practice and adjust processes as final legislation and guidance are published
Taking action now can help employers manage risks, prepare their managers and maintain consistent processes as the employment law changes take effect.
The forthcoming measures described above remain subject to final legislation and guidance where applicable.
