The year 2026 will likely go down in history as one of the most significant overhauls of UK employment law due to the many changes contained in the Employment Rights Act 2025 (‘ERA’). While some of the changes have already come into force (for more information about this, click here), and some are due to come in April 2026 (as set out here), there are still numerous significant changes to come in October 2026 and 2027. In this article, which is part 3 of our 4-part series, we will explain what is changing in October 2026 and what employers should be doing now to prepare.

1. Extended Employment Tribunal Time Limits

From October 2026, employees will have six months, rather than the current three, to bring most claims to the Employment Tribunal. This change doubles the window in which a disgruntled worker can pursue a claim for unfair dismissal, discrimination, whistleblowing, and most other employment matters. Interestingly, the government impact assessments prepared by the Department for Business and Trade in January 2025 appear to assume that extending the time limits to bring an employment tribunal claim will lead to a reduction in claims and encourage settlement. It remains to be seen whether this will materialise.

This change means that employers can no longer rely on a short limitation period as a natural barrier to claims. Therefore, this reinforces the importance of thoroughly documenting any disciplinary, dismissal or grievance decisions in writing. HR teams should re-consider their retention of HR records moving forward to ensure evidence is preserved for at least six months beyond the relevant event.

2. Strengthened Duty to Prevent Harassment

Since 26 October 2024, employers have had a duty to take reasonable steps to prevent sexual harassment (for more information click here and also here). The ERA strengthens this duty and will require employers from October 2026 to take ‘all reasonable steps’ to prevent harassment based on any protected characteristic (i.e. not just in cases of sexual harassment). This duty includes harassment by third parties, such as customers, clients, contractors, and members of the public. Employers may also now face standalone tribunal claims for failing to prevent third-party harassment. Bizarrely, the regulations which will define ‘reasonable steps’ for the purposes of this duty will not come into effect until 2027. This unfortunately leaves employers with an undesirable information gap in the interim. However, suffice it to say that employers will need to take not only the steps listed in the regulations but also other preventative measures to ensure that they have taken ‘all reasonable steps’.

All in all, this is likely to be the most consequential change to come in October 2026. As a first step, employers should review and update their anti-harassment policies to explicitly cover third-party conduct. It would also be worthwhile considering if client-facing staff require refreshed training and assess whether physical or procedural safeguards, such as protocols for lone working or dealing with aggressive customers, are fit for purpose.

3. Tipping Law Reforms

Employers in hospitality and other tip-receiving sectors will be required to consult with workers or their representatives before creating or reviewing a tipping policy. Policies must also be formally reviewed at least every three years from first implementation.

Therefore, we would recommend that any employers which operate in a sector where tips are common should audit their current tipping policy. It is also crucial to review the statutory code of practice on fair distribution and confirm if your policy complies with that code.

4. New Trade Union Rights

Section 58 of the ERA requires employers to supply workers with a written statement advising them of their right to join a trade union. This statement must be given at the same time as providing the worker’s existing section 1 statement (i.e. on commencement of employment). For the moment, it remains to be seen whether there will be a requirement to provide these on a more regular basis once they have been provided with the section 1 statement. Future regulations will prescribe the information to be included in the statement as well as the form it should take.

Section 59 of the ERA will also introduce the right for qualifying trade unions to access workplaces (both physically and via communication with workers). In short, this right (supported by regulations) will enable trade unions and employers to enter into “access agreements” for union officials to access an employer’s workforce for various purposes (but expressly not to organise industrial action). In short, this new right will allow unions to present an ‘access request’ to the employer, who may respond. If the employer does not respond, or refuses access, the union may apply to the Central Arbitration Committee. While this may sound alarming, it will depend on union resources and unions may seek to allocate resources to larger, well-known employers in the first instance.

These changes mean that even if a workforce is non-unionised, employers will need to update any onboarding documentation and employee handbooks to include a statement of the right to union membership. Review your existing facilities agreements and consider your approach to union engagement proactively rather than reactively.

5. Industrial Action Protections

Finally, on 18 February 2026, the government brought into effect a new section 76 of the ERA which provided further protection to employees participating in industrial action. However, this measure will have no real effect until October 2026, when the government plans to bring into force regulations stipulating the types of detriments that should be prohibited for those undertaking industrial action (the additional protection against detriment for taking industrial action was covered in our earlier article, which can be accessed here).

Please note the contents of this article do not constitute legal advice. If you require any further information, or if you would like our assistance, please contact us at employment@berrysmith.com or on 02920 345 511