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Employment Rights Act - October 2026 Employer Checklist
April 2026 brought the first wave of Employment Rights Act changes. The second wave is landing now: tribunal time limits changed on 1 October 2026, and the harassment and union measures start on 30 October 2026.
It is squarely policy and procedure territory.
This checklist sets out what has commenced, what starts on 30 October, what has slipped, and what each change means for your documents. It follows on from our 6 April 2026 checklist.
The changes come from the Employment Rights Act 2025, phased in through commencement regulations. The dates below follow the revised GOV.UK timeline.
What Changes from October 2026
The government updated its timeline on 25 September 2026. Two items moved: the right to join a union statement is now January 2027, and tipping law is now due by the end of 2026. Each change below needs a policy, a procedure or a contract change.
1. Third-Party Harassment - Employers Become Liable
From 30 October 2026 an employer can be liable where a worker is harassed by a third party such as a customer, client or supplier. A single incident can be enough if you have not taken all reasonable steps to prevent it.
You need an anti-harassment policy that covers third parties, a clear way for staff to report it, and a record of the preventative steps you have taken.
Training is the step tribunals ask about first. Our guide to statutory vs mandatory training covers what the law requires and what records to keep.
2. Sexual Harassment - the All Reasonable Steps Duty
The preventative duty introduced in October 2024 required employers to take reasonable steps to prevent sexual harassment. From 30 October 2026 this rises to all reasonable steps, a higher bar.
The Act gives ministers a power to specify what counts as all reasonable steps, but those regulations are not expected until 2027. A risk assessment, a clear policy and documented training are the evidence an employer will be expected to show.
3. Trade Unions - Access Rights from 30 October
Unions gain a strengthened right of access to workplaces from 30 October 2026, along with new protections for union representatives. The separate duty to tell workers of their right to join a union has moved to January 2027.
The full mechanics of access requests, from the response clock to the penalty ladder, are covered in our union access requests procedure guide.
This affects contracts, written statements of particulars, induction packs and staff handbooks, which will need to carry the new information.
4. Tipping Law - Now Due by the End of 2026
Stronger tipping rules were planned for October 2026. The government now says they will come in by the end of 2026, with consultation duties around how a tipping policy is set and reviewed.
Hospitality and other tipping businesses can use the extra time to review their written tipping policy and the fairness of their allocation arrangements.
5. Two-Tier Code for Outsourced Staff
The government expects to reinstate the two-tier code, so that employees who are outsourced are offered terms no less favourable than before. This matters for public sector outsourcing and the supply chains that serve it. It does not appear on the September timeline update, so check the code has been published before relying on a date.
If you bid for or deliver outsourced contracts, your TUPE and workforce documentation needs to reflect the reinstated code.
6. Employment Tribunal Time Limits - Now Six Months
Since 1 October 2026 most employment tribunal claims can be brought within six months rather than three. The longer limit applies where the act complained of happened on or after 1 October 2026.
Breach of contract claims in England and Wales moved to six months on the same date, where the employment ended on or after 1 October 2026; in Scotland the change applies from 9 November 2026. A longer window means claims can surface later, so keep manager notes, investigation records and disciplinary and grievance paperwork for longer.
Quick-Reference Summary
| Change | What it affects | Status |
|---|---|---|
| Tribunal time limits three to six months | Record retention, manager notes | In force 1 October 2026 |
| Third-party harassment liability | Anti-harassment policy, reporting, records | 30 October 2026 |
| All reasonable steps duty | Risk assessment, policy, training records | 30 October 2026 |
| Union access and rep protections | Access procedure, handbooks | 30 October 2026 |
| Tipping law tightened | Written tipping policy and allocation | By the end of 2026 |
| Two-tier code | TUPE and outsourcing documentation | Expected, date not on the timeline |
| Right to join a union statement | Contracts, written statements, induction | January 2027 |
What Is Coming in January 2027
The right to join a union statement moves to January 2027, alongside two larger changes. The qualifying period for ordinary unfair dismissal drops from two years to six months for dismissals on or after 1 January 2027, and the cap on compensation is removed for the fire and rehire protections.
Fire and rehire becomes automatically unfair in most cases from the same date. See our six-month qualifying period guide and fire and rehire guide.
Deeper Guides on the October 2026 Changes
Each change has its own guide with the document-level detail.
- Third-party harassment policy guide
- The all reasonable steps sexual harassment duty
- Tribunal time limits extending to six months
- Tipping policy requirements from 2026
- The duty to inform workers of the right to join a union (now January 2027)
- Two-tier workforce and outsourced contracts
How Policy Pros Can Help
We turn each of these changes into the documents you actually need: anti-harassment policies that cover third parties, the risk assessment and training records behind the all reasonable steps duty, and the contract and handbook updates for the new union duties.
Our HR policies and procedures service covers the employment documentation, and our policy document reviewing service checks your existing handbook against the October 2026 changes.
For the official position, see the Acas Employment Rights Act 2025 hub and the GOV.UK timeline update.
Frequently Asked Questions
When do the October 2026 employment law changes take effect?
The extension of tribunal time limits took effect on 1 October 2026. The third-party harassment obligation, the all reasonable steps duty and the union access measures start on 30 October 2026. Tipping law is now due by the end of 2026, and the right to join a union statement has moved to January 2027.
What is third-party harassment liability?
From 30 October 2026 an employer can be liable where a worker is harassed by a third party such as a customer, client or supplier. A single incident can be enough unless the employer took all reasonable steps to prevent it, so an anti-harassment policy that covers third parties and a record of preventative steps both matter.
What does the all reasonable steps duty require?
It raises the existing preventative duty from taking reasonable steps to taking all reasonable steps to prevent sexual harassment, from 30 October 2026. Regulations specifying what counts are not expected until 2027, so a risk assessment, a clear policy and documented training are the evidence employers will be expected to show.
Have tribunal time limits changed?
Yes. Since 1 October 2026 most claims can be brought within six months instead of three, where the act complained of happened on or after that date. Breach of contract claims in England and Wales also moved to six months where employment ended on or after 1 October 2026; in Scotland that change applies from 9 November 2026.
Do small businesses have to comply with the October 2026 changes?
Yes. There is no general small-business exemption. The duties apply regardless of size, with the practical burden proportionate to your workforce, so a small employer still needs the policies, records and contract updates the changes require.
