The Employment Rights Act 2025 continues to reshape the workplace, with new provisions being introduced in phases throughout the year. If you haven’t reviewed your employment documentation recently, now is the time.
Changes Already in Force
Several important changes have already been implemented, including:
- Statutory Sick Pay (SSP) is now a day one entitlement.
- Changes to paternity leave rights.
- The introduction of the Fair Work Agency, with enhanced powers to enforce minimum wage and holiday pay compliance.
By now, employers should have:
- Updated employment contracts and workplace policies.
- Reviewed HR procedures.
- Trained managers and supervisors on the new legal requirements.
If you’re unsure whether your business is compliant, don’t wait until a problem arises. Visit https://www.ukemploymentlawadvice.co.uk/contact for practical advice and support.
October 2026 – Key Employment Rights Act Changes
The Government has now published the implementation timetable for the next phase of the Employment Rights Act 2025. These are the key dates every employer should be preparing for.
From 1 October 2026 – Employment Tribunal Time Limits Double
The time limit for bringing most Employment Tribunal claims will increase from three months to six months.
This means employees will have twice as long to pursue legal claims, making accurate record keeping more important than ever.
Employers should ensure they retain:
- Contracts of employment
- Policies and procedures
- Investigation and meeting notes
- Emails and correspondence
- WhatsApp and other business messaging records where relevant
Good documentation has always been important. From October, it becomes even more critical.
From 30 October 2026 – Liability for Third-Party Harassment
Employers may now be held liable for harassment carried out by third parties, including:
- Customers
- Clients
- Contractors
- Visitors
- Service users
If an employer fails to take all reasonable steps to prevent harassment, legal liability may follow.
Existing dignity at work, bullying and harassment policies should be reviewed and updated to reflect these new obligations.
From 30 October 2026 – Stronger Duty to Prevent Sexual Harassment
The legal duty is being strengthened from taking “reasonable steps” to taking “all reasonable steps” to prevent sexual harassment.
Having a policy sitting on a shelf will no longer be enough.
Employers should be able to demonstrate they are:
- Regularly training staff and managers.
- Reviewing workplace culture.
- Responding promptly to complaints.
- Taking proactive measures to prevent harassment before it occurs.
This is an area where tribunals will expect to see clear evidence of ongoing action, not simply written policies.
From 30 October 2026 – Trade Union Reform
A package of reforms will modernise trade union rights and industrial relations, including:
- Easier union recognition.
- A duty to inform employees of their right to join a trade union.
- Stronger protections for trade union activity.
- New rights of access for trade union representatives.
Further detail is expected, but employers should anticipate reviewing contracts, updating policies and ensuring managers understand the new legal framework.
By the End of 2026 – Further Employment Changes
Additional reforms are expected before the end of the year, including:
- Strengthened legislation on tipping arrangements.
- A six-month qualifying period for bringing unfair dismissal claims.
This makes effective probation management more important than ever. Employers should ensure probation reviews are meaningful, documented and completed on time. Addressing performance concerns early will help reduce the risk of unnecessary claims later.
Is Your Business Ready?
The Employment Rights Act 2025 represents one of the biggest changes to employment law in recent years.
Ask yourself:
- Are your contracts fully up to date?
- Have your policies been reviewed?
- Are your managers properly trained?
- Could you demonstrate compliance if an Employment Tribunal asked for evidence tomorrow?
If you’re unsure of the answer to any of these questions, now is the time to act.
For straightforward, commercially focused HR and employment law advice, contact us for more information.
