The Employment Rights Act 2025 continues to shake up the UK business landscape. The legislation has undergone significant changes during its passage through Parliament, while important detail remains to be provided through secondary legislation and regulations. With further changes due to take effect in 2026, employers should consider now what these developments mean for their organisations, and whether their existing policies, procedures, and practices remain fit for purpose.
Trade unions
As of October 2026, employers will be under a duty to inform workers of their right to join a trade union. New rights will also allow trade unions greater access to workplaces, while trade union representatives will receive enhanced rights and protections. There will also be stronger protection for workers against retaliation for participating in industrial action.
Employers should therefore assess their readiness for increased trade union activity. Businesses should also consider whether there are already informal relationships with trade unions and, where appropriate, whether these relationships should be strengthened.
Harassment
From October 2026, employers will become responsible for unlawful harassment their staff experience from third parties unless they have taken all reasonable steps to prevent it. Previously, this was just “reasonable steps”. Employers should therefore be preparing now rather than waiting for the secondary legislation to provide complete clarity.
Time limits for claims
From October 2026, the time limit for bringing most employment tribunal claims will increase from three months to six months.
While this may provide greater opportunity for disputes to be resolved before proceedings are issued, employers should also anticipate a longer period of uncertainty following workplace disputes, and potentially more claims being filed some time after the events in question. Employers should ensure that their procedures for dealing with grievances, disciplinary matters, and dismissals are robust and consistently applied.
What should employers do now?
The changes coming into force in 2026 are likely to require more than simply updating the employee handbook.
Employers should review their policies, assess workplace risks, consider their approach to employee voice and trade unions, and ensure managers are equipped to deal with emerging issues.
There are further significant changes expected in 2027. These will bring additional considerations for employers, and should form part of longer-term workforce and employment-law planning.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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