This page supports our September 2026 employment law newsletter and sets out the key legal changes affecting employers, with a focus on the October 2026 reforms under the Employment Rights Act 2025.
1. Employment Tribunal Time Limits: 3 Months → 6 Months (from 1 October 2026)
What’s changing
From 1 October 2026, the ordinary time limit for bringing most employment tribunal claims in Great Britain will increase from three months to six months. This brings the majority of claims into line with the existing six‑month limits for statutory redundancy and equal pay claims.
The change applies to claims including:
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Unfair dismissal
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Discrimination under the Equality Act 2010
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Most other standard employment tribunal claims (e.g. wrongful dismissal, unauthorised deductions, etc.)
For breach of employment contract claims, the six‑month limit starts on:
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1 October 2026 in England and Wales
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9 November 2026 in Scotland
Transitional rules mean the new six‑month limit applies where the “relevant date” (for example, the act complained of or the effective date of termination) falls on or after 1 October 2026. Claims based on earlier acts remain subject to the three‑month limit, even if submitted after 1 October.
Why it matters
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Disputes will remain “live” for longer, extending employers’ exposure to potential claims.
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HR and legal teams will need to retain investigation files, grievance records, disciplinary notes and settlement correspondence for longer.
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There may be more scope for early conciliation and internal resolution before a claim is filed, but also a longer window in which issues can escalate.
What employers should do now
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Update policies and handbooks that refer to “three months” to bring them in line with the new six‑month limit.
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Review record‑retention schedules to ensure evidence is kept for at least six months (and ideally longer, given limitation and disclosure considerations).
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Brief managers and HR that the window for claims is extending; reinforce the importance of timely, well‑documented investigations and outcomes.
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Revisit settlement and without‑prejudice processes, recognising that negotiations may run for longer before a claim is issued.
2. Sexual Harassment: “All Reasonable Steps” + Third‑Party Harassment (from 30 October 2026)
What’s changing
From 30 October 2026, the Employment Rights Act 2025 strengthens existing sexual harassment protections in three key ways:
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Higher prevention duty: Employers must take “all reasonable steps” to prevent sexual harassment of their employees (up from the current “reasonable steps” duty introduced in October 2024).
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Third‑party harassment duty: Employers must not permit third parties (such as customers, clients, patients, contractors or visitors) to harass employees.
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Scope: The third‑party duty covers all types of harassment under the Equality Act 2010, including sexual harassment and harassment related to protected characteristics, except pregnancy/maternity and marriage/civil partnership.
These changes apply in England, Wales and Scotland (not Northern Ireland, where equality law is devolved).
Why it matters
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The “all reasonable steps” test is a higher bar: tribunals and regulators will expect employers to show they have done everything reasonably practicable to prevent sexual harassment.
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Employers in customer‑facing sectors (hospitality, retail, care, professional services, etc.) must address harassment by third parties as well as by colleagues.
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Failure to meet these duties can lead to tribunal claims, reputational damage and potential enforcement action by regulators such as the EHRC.business.
What employers should do now
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Audit existing policies on bullying, harassment and dignity at work to ensure they explicitly cover third‑party harassment and reflect the “all reasonable steps” standard.
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Review training for managers and staff, including scenario‑based content on handling customer/client behaviour and escalation routes.
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Check reporting mechanisms so employees can easily report third‑party harassment and know what action will be taken.
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Risk‑assess high‑risk areas (e.g. late‑night work, lone working, client sites, events) and consider practical controls (e.g. chaperoning, refusal of service, client codes of conduct).
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Document your approach: keep records of risk assessments, training, policy updates and incident handling to demonstrate compliance if challenged.
Acas and the Equality and Human Rights Commission (EHRC) have published guidance and toolkits on preventing sexual harassment and addressing third‑party harassment, which you can use to benchmark your approach.
3. Trade Union Workplace Access and Information Duties (from 30 October 2026)
What’s changing
From 30 October 2026, new statutory rights and duties will apply in relation to trade union access and information:
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Workplace access rights: Trade unions will have enhanced rights to access workplaces to meet with members and potential members, subject to agreed arrangements and a revised Statutory Code of Practice.
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Duty to inform workers: Employers will have a duty to inform workers of their right to join a trade union, including providing appropriate information about union membership and representation.
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Enforcement: Breaches can attract significant penalties; some commentary highlights potential fines of up to £500,000 under the new union access rules.
These changes form part of the wider “Make Work Pay” programme and the Employment Rights Act 2025.
Why it matters
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Employers with union presence, recognition agreements or collective bargaining arrangements must ensure they are not obstructing access or failing to communicate union rights.
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Site‑access policies, induction materials and internal communications may need updating to reflect the new duties.
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Non‑compliance could lead to tribunal claims, enforcement action and reputational risk.
What employers should do now
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Review site‑access policies and any existing agreements with trade unions to ensure they align with the new statutory framework.
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Update induction packs and worker communications to include clear information about the right to join a union and how to access union representation.
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Train HR and site managers on the new duties, including how to handle union access requests and what information must be provided to workers.
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Check for union activity across sites and ensure consistent application of access rights, particularly where multiple locations or franchises are involved.
4. New Bereavement and Pregnancy Loss Leave (Announced September 2026, From April 2027)
What’s changing
On 22 September 2026, the government announced a new day‑one right to unpaid bereavement leave from April 2027 for employees who lose:
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A spouse or partner
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A parent
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An adult child
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A sibling
The right will explicitly cover step, half, adoptive, kinship, foster and other family relationships.
In addition, women and their partners who experience pregnancy loss before 24 weeks (including miscarriage, termination for medical reasons and unsuccessful IVF embryo transfers) will be entitled to up to two weeks’ unpaid leave.
Key features include:
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Leave can be taken flexibly within 56 weeks of the loss.
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Minimal notification is required in the first eight weeks; no evidence of loss needs to be provided.
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The right applies from day one of employment.
Why it matters
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While not yet in force, this confirms the direction of travel on compassionate leave and will affect policy design, handbooks and manager training over the next year.
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Employers will need to decide whether to offer enhanced (paid) bereavement leave beyond the statutory minimum and how to integrate this with existing compassionate leave policies.
What employers should do now
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Map current policies against the announced rights to identify gaps and overlaps (e.g. existing compassionate leave, special leave, IVF/fertility support).
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Plan policy updates for April 2027, including eligibility, notification, evidence (if any), pay and interaction with other leave types.
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Prepare managers to handle bereavement and pregnancy loss conversations sensitively and consistently, with clear referral routes to HR and support services.
5. Consultations to Watch: Pay Transparency, Workplace Monitoring and Disciplinary Code
Alongside the October reforms, several consultations and guidance updates will shape employer practice in late 2026 and 2027.
Pay transparency and equal pay reforms
The government is consulting on:
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Strengthening equal pay and pay discrimination protections, including for race and disability.
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Possible new pay transparency measures, such as requiring or encouraging disclosure of pay information in recruitment adverts or during hiring.
Responses are due by 27 October 2026.
Implications: Potential impacts on recruitment processes, salary‑setting, job adverts and internal pay structures, particularly for larger employers.
Workplace monitoring technologies
A separate consultation is considering new safeguards around the use of workplace monitoring technologies (WMTs), including:
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AI‑driven productivity tracking
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Biometric systems
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Continuous surveillance and data analytics
This consultation closes on 30 September 2026
Implications: Possible new duties around transparency, worker consultation, data protection and impact assessments for employers using monitoring tools.
Revised Disciplinary and Grievance Code (Acas)
Acas has published a fully revised draft Code of Practice on Disciplinary and Grievance Procedures, with substantial proposed changes to practice and expectations.
Consultation closed on 23 September 2026; a final code is expected in due course.
Implications: Employers should anticipate updated best practice around investigations, hearings, accompaniment rights, appeals and settlement discussions, which tribunals will take into account.
What employers should do now
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Review current pay practices and consider how potential transparency rules might affect job adverts, offer letters and internal pay bands.
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Audit monitoring tools (CCTV, keystroke tracking, AI performance systems) and ensure you have clear policies, privacy notices and worker consultation in place ahead of any new rules.
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Compare your disciplinary and grievance procedures against the Acas draft code to identify areas that may need updating once the final code is published.
