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Employment Rights Act - October 2026 Employer Checklist
April 2026 brought the first wave of Employment Rights Act changes. The next wave lands in October 2026, and it is squarely policy and procedure territory.
This checklist sets out what commences in October 2026, what is expected but not yet fixed to a date, 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
Five areas of duty are confirmed for October 2026, with a sixth, the extension of tribunal time limits, expected but not yet tied to a firm date. Each one needs a policy, a procedure or a contract change.
1. Third-Party Harassment - Employers Become Liable
From 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.
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 October 2026 this rises to all reasonable steps, a higher bar.
Regulations are expected to specify what counts as all reasonable steps. A risk assessment, a clear policy and documented training are the evidence an employer will be expected to show.
3. Trade Unions - Right to Join and Access Rights
Employers will have a new duty to inform workers of their right to join a trade union. Unions also gain a strengthened right of access to workplaces, along with new protections for union representatives.
This affects contracts, written statements of particulars, induction packs and staff handbooks, which will need to carry the new information.
4. Tipping Law Tightened
The rules on tips are tightened from October 2026, with stronger obligations around how a tipping policy is set and how tips are allocated.
Hospitality and other tipping businesses should review their written tipping policy and the fairness of their allocation arrangements ahead of the change.
5. Two-Tier Code Reinstated for Outsourced Staff
The two-tier code is reinstated 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.
If you bid for or deliver outsourced contracts, your TUPE and workforce documentation needs to reflect the reinstated code.
6. Employment Tribunal Time Limits - Expected to Extend
The Act extends the time limit for bringing most employment tribunal claims from three months to six months. The GOV.UK timeline puts this at no earlier than October 2026, so treat it as expected rather than a fixed date.
Breach of contract claims are dealt with under separate regulations and are expected to stay at three months. 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 |
|---|---|---|
| Third-party harassment liability | Anti-harassment policy, reporting, records | October 2026 |
| All reasonable steps duty | Risk assessment, policy, training records | October 2026 |
| Trade union right to join and access | Contracts, written statements, handbooks | October 2026 |
| Tipping law tightened | Written tipping policy and allocation | October 2026 |
| Two-tier code reinstated | TUPE and outsourcing documentation | October 2026 |
| Tribunal time limits three to six months | Record retention, manager notes | No earlier than October 2026 |
What Is Coming in January 2027
Two larger changes follow in January 2027. 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
- 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 confirmed October 2026 changes under the Employment Rights Act 2025 are the third-party harassment obligation, the upgraded all reasonable steps duty to prevent sexual harassment, the new trade union duties and access rights, the tightening of tipping law, and the reinstated two-tier code for outsourced staff. The extension of tribunal time limits is expected no earlier than October 2026.
What is third-party harassment liability?
From 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. Regulations are expected to specify what counts, but a risk assessment, a clear policy and documented training are the evidence employers will be expected to show.
Are tribunal time limits definitely changing in October 2026?
Not on a fixed date yet. The Act extends most tribunal time limits from three months to six, but the GOV.UK timeline puts this at no earlier than October 2026, so treat it as expected rather than confirmed. Breach of contract claims are dealt with separately and are expected to stay at three months.
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.
