The Department for Business & Trade has published an updated implementation timetable for the Employment Rights Act 2025, providing employers with much-needed clarity on when the next wave of reforms will take effect. While many organisations had been preparing for October 2026 changes, the Government has now confirmed that several of the most significant workplace and trade union reforms will come into force on 30 October 2026.
The announcement gives employers a clearer roadmap for the remainder of 2026 and into 2027, although some important details are still awaiting formal commencement regulations.
For employers, the key message is clear: while some of the headline reforms remain several months away, the time to prepare is now. Many organisations will need to review workplace policies, employee training, industrial relations strategies and record-keeping practices to ensure they are ready when the changes take effect.
For further support, employers can seek advice here:
The Big Date: 30 October 2026
The Government has confirmed that a package of workplace harassment and trade union measures will come into force on 30 October 2026.
Enhanced Duty to Prevent Sexual Harassment
Employers will be subject to a strengthened obligation to take “all reasonable steps” to prevent sexual harassment in the workplace.
Although this represents a tightening of the existing legal framework, many employers may find that the practical impact is less dramatic than the headlines suggest. Tribunals and regulators have increasingly expected employers to take proactive measures, including delivering meaningful training, carrying out risk assessments and responding appropriately to complaints.
The key difference is likely to be the level of scrutiny applied when an employer is required to demonstrate what preventative steps were actually taken. Policies that exist only on paper are unlikely to provide much protection if they are not supported by regular training, effective reporting mechanisms and a workplace culture that encourages concerns to be raised.
Our existing clients should already be familiar with these obligations. However, many employers would be well advised to revisit their anti-harassment policies, review staff training programmes and consider whether their current arrangements would withstand detailed scrutiny in an Employment Tribunal.
For advice on workplace investigations, harassment procedures and staff training, please contact our Employment Team.
Return of Third-Party Harassment Liability
Employer liability for harassment committed by third parties, such as customers, clients, service users, contractors and visitors, will also be reintroduced on 30 October 2026.
This development is likely to have a significant impact on employers operating in customer-facing sectors, including hospitality, retail, healthcare and transport.
Many employers have historically focused their anti-harassment procedures on employee-to-employee conduct. These changes will require businesses to think more broadly about risks arising from interactions with members of the public and other external stakeholders.
Practical measures may include reporting procedures for customer misconduct, staff guidance on responding to unacceptable behaviour and management training on when intervention is necessary. Employers that can demonstrate a documented and proactive approach are likely to be in a stronger position if complaints arise.
New Trade Union Information Requirements
From 30 October 2026, employers will also be required to inform workers of their right to join a trade union.
The Government has indicated that workers will need to receive a written statement explaining those rights, with regulations expected to set out the precise content and timing requirements.
Employers should begin considering how these requirements will be incorporated into onboarding procedures, contracts and new starter documentation.
Expanded Union Access Rights
The longstanding debate around workplace access for trade unions will also take a significant step forward.
Trade unions will gain enhanced rights of access to workplaces as part of the Government’s wider programme of industrial relations reform.
For employers with recognised unions, this is likely to require a review of existing workplace access arrangements and engagement policies. Those without recognised unions may also wish to assess how these changes could affect future workforce relations.
Further Trade Union Reforms
A number of additional collective labour relations reforms are also scheduled for 30 October 2026, including:
- freezing the bargaining unit once a recognition application has been submitted;
- new rights and protections for trade union representatives; and
- protection against detriment for workers taking industrial action.
Taken together, these reforms continue the Government’s broader objective of strengthening collective workplace rights and simplifying trade union engagement processes.
Electronic Balloting Arrives in August
Before the October reforms, employers should prepare for the introduction of electronic and workplace trade union balloting, which the Government has indicated will be implemented by 31 August 2026.
This represents a significant modernisation of statutory trade union ballots, which have traditionally relied on postal voting.
While electronic balloting may improve participation rates and administrative efficiency, it could also accelerate the pace at which collective workplace issues develop. Employers with recognised unions should review existing industrial relations procedures and consider whether their current engagement strategies remain effective in a more digitally enabled environment.
Tribunal Time Limits Expected to Double
Another development that employers should have firmly on their radar is the extension of Employment Tribunal limitation periods.
Although not all commencement regulations have yet been formally published, the Government’s timetable indicates that the majority of tribunal time limits are expected to increase from three months to six months from 1 October 2026.
If implemented as expected, this change will effectively double the period during which many employment claims can be brought.
The practical implications may extend well beyond litigation risk. Employers may need to review document retention policies, preserve investigation records for longer periods and ensure witness evidence remains accessible for extended durations.
Given the existing pressures facing the Employment Tribunal system, longer limitation periods may also contribute to delays in resolving workplace disputes. Early legal advice is therefore likely to become increasingly important when dealing with contentious employee relations issues.
Employers concerned about potential claims should consider reviewing their procedures with specialist advice through our Employment Tribunal services.
Tipping Reforms Delayed
Employers in the hospitality sector should note that proposed reforms to tipping arrangements have slipped from their previously anticipated October 2026 implementation date.
The Government’s updated timetable now states that the revised tipping measures will come into force by the end of 2026 rather than in October.
The delay follows the withdrawal of the draft statutory code and means businesses will need to wait a little longer for final clarity on the new requirements.
Looking Ahead to January 2027
Attention will then turn to what are arguably the most significant reforms contained within the Act.
The Government continues to indicate that the following measures are expected to take effect during January 2027, although no precise date has yet been confirmed:
- the new six-month qualifying period for unfair dismissal;
- removal of the unfair dismissal compensatory award cap; and
- new statutory restrictions on fire-and-rehire practices.
While many commentators have assumed these provisions will commence on 1 January 2027, employers should note that this has not been formally confirmed.
From a practical perspective, these reforms have the potential to reshape how employers manage recruitment, probationary periods and employee performance concerns. Businesses that rely heavily on probationary assessments may need to revisit internal processes and ensure managers receive appropriate training well before implementation.
Expert Comment
Victoria Sargeant, Solicitor and Head of Employment said
“While many employers have understandably focused on the headline reforms expected in 2027, the changes taking effect during 2026 should not be underestimated. The strengthened harassment duties, the return of third-party harassment liability and longer tribunal limitation periods all have significant practical implications. Organisations that begin reviewing their policies, training programmes and workplace procedures now will be far better placed to manage risk and demonstrate compliance when the reforms take effect.”
Employer Action Points
- Over the coming months, organisations should consider:
- reviewing anti-harassment policies and reporting procedures;
- assessing risks arising from third-party interactions;
- refreshing equality and harassment training;
- updating onboarding documentation to accommodate new trade union information requirements;
- reviewing industrial relations strategies and union engagement processes;
- strengthening document retention and litigation readiness processes ahead of the extension to tribunal limitation periods; and
- beginning workforce planning for the more substantial unfair dismissal reforms expected in 2027.
Sources
Department for Business & Trade implementation timetable.
Employment Rights Act 2025.
UK Government employment law reform publications.
How We Can Help
The Government’s implementation timetable confirms that the pace of employment law reform will accelerate significantly during the second half of 2026 and into 2027.
Employers who use the remaining preparation period effectively will be best placed to manage compliance risks, avoid costly disputes and respond confidently to one of the most significant overhauls of UK employment law in recent years.
If your organisation would like assistance reviewing policies, delivering staff training, preparing for tribunal changes or understanding how the upcoming reforms may affect your workforce, please get in touch with our Employment Team.