October 2026 Employment Law Update - What Employers need to know and the twists and turns along the way!

The Employment Rights Act 2025 received Royal Assent in December last year, and since then we’ve seen various aspects of the legislation introduced gradually. We’ve also seen dates move, further consultations take place and plans change along the way. In other words, there have been a few twists and turns, and 2026 has certainly been a busy year for employment law.

We would encourage business owners and employers to familiarise themselves with the latest Government timeline update in order to make informed changes to their policies and procedures – here. This ⁠Employment Rights Act implementation timeline provides a useful overview of what has already changed and what employers can expect next.

What's happened so far

Since the Act received Royal Assent, we’ve already seen significant changes to trade union and industrial action rules, alongside new and strengthened rights for employees.

April, as always, was a particularly busy month. Changes included day 1 rights to Paternity Leave and Unpaid Parental Leave, improved whistleblowing protections relating to sexual harassment, changes to Statutory Sick Pay and the introduction of Bereaved Partners’ Paternity Leave. The Fair Work Agency was also established, while new menopause guidance and voluntary gender equality action plans were introduced.

More recently, August brought changes allowing electronic and workplace balloting for statutory trade union ballots.

Looking ahead

With so much happening — and some dates and details continuing to move — we’re breaking down the key areas employers should have on their radar this October.

Tribunal time limits

From 1st October, the usual time limit for bringing an Employment Tribunal claim increases from three months to six months. The change will apply to claims where the relevant act or dismissal occurs on or after this date. However, it is worth bearing in mind that ACAS early conciliation can stop the clock for up to twelve weeks, which actually takes you to nine months from dismissal/relevant act date.

Right to Work reforms

This one isn’t actually part of the Employment Rights Act, but it is another important change employers need to be aware of this October.

From 1st October 2026, the Border Security, Asylum and Immigration Act 2025 sees the Right to Work Scheme being extended beyond traditional employees to cover more types of working arrangements. This means businesses using people such as casual workers and individual subcontractors may now have additional responsibilities when it comes to checking that those individuals have the legal right to work in the UK.

The changes are particularly relevant to industries where flexible and subcontracted work is more common, including construction, food delivery, courier services, beauty and warehousing. If your organisation uses agency workers, freelancers, subcontractors, casual workers or other engagement arrangements, it’s worth checking whether the new rules apply to your business and establish a process for carrying out checks, especially where there is a supply chain for labour, as it will no longer be a defence to rely on the supplier to undertake these checks.

Trade union update

From 30th October, further changes will strengthen Trade Union rights around accessing workplaces. While this does not mean Trade Unions can just demand to enter the workplace, it does mean if employers receive a request from a Trade Union for access (physical or digital) to their employees, they will have to follow a process to respond, in order to avoid any statutory penalties.

A lot of Employers that work with Holla HR are small businesses and have never had Trade Unions requests for recognition previously and we understand this will be very new to them. If this is something you're concerned about, Holla HR are on hand to support.

The Government has also recently announced that the duty to inform workers in writing of their right to join a trade union, which was originally also due to come into effect on 30th October, has been pushed back to January 2027.

Sexual harassment & third-party harassment

Further changes arrive on 30th October 2026, when employers’ existing responsibilities around sexual harassment become stronger.

Employers are currently required to take “reasonable steps” to prevent sexual harassment. From 30th October, that duty changes to taking all reasonable steps. This is an important distinction. While employers have likely introduced a policy and considered how harassment risks could arise within their particular workplace, the preventative duty now extends to all reasonable steps. In addition, employers’ responsibilities will also extend to harassment involving third parties. This means employers can be liable where a worker is harassed by someone outside the organisation, unless they have taken all reasonable steps to prevent it.

At Holla HR, this is already the framework we’ve been working towards with our clients. So, if you already work with us, much of this should feel familiar. You’re likely to have already had conversations around preventing harassment, with appropriate training, risk assessments and processes put in place to help you prepare for the strengthened requirements. But it is worth revisiting those practices in light of the word 'all' - which as we know, could make a significant difference to your approach.

Tipping

There’s also pending changes around tips and service charges, although there’s nothing businesses need to change just yet.

The Government has been looking at ways to strengthen the current tipping rules and recently launched a further consultation on a revised Code of Practice, which closed on 29th September.

The proposed changes are mainly about making the way tips are managed clearer and fairer for workers. The revised Code will look at how employers should speak to their teams about tipping arrangements, who should be involved in those conversations and the records businesses should keep.

The consultation has now closed, so the next step is for the Government to publish its response. This should give us more clarity on what, if any changes are pending, and revisions are likely to be implemented later this year.

If tips or service charges are part of your business, it’s definitely one to keep on the radar.

Keeping up with employment law

There is a lot happening in employment law at the moment, and as we’ve seen already, dates can move, plans can change and often new guidance is introduced along the way.

For employers, particularly those without an in-house HR or legal team, it can be difficult to know what you need to act on now, what you should be preparing for, and what can simply stay on your radar for the time being.

Lucky for you, we keep up with the changes and help you understand what they actually mean for your business, without all the jargon. Whether that means reviewing your current policies and processes, putting training in place, or simply talking through what you need to be aware of, we’re here to support you.

Employment law doesn’t have to feel overwhelming, and it’s always worth having a conversation to make sure you’re on the right track.

If you’re unsure how any of the latest changes could impact your business, get in touch with the Holla HR team for a chat.