• Swindon & Wiltshire Experts
• Wednesday September 16 2026
• Author Name: Peter Jones

Employment Rights Act: more changes coming in October – the HR Dept

The next tranche of major changes to emplyment law are introduced next month. Peter Jones of the HR Dept takes a look at what is in store, plus what business owners need to do to prepare.

Harassment – existing duties expanded

Harassment and sexual harassment have no place at work, and new laws were introduced in 2024, putting an obligation on you to take preventative action.

The Employment Rights Act extends your obligations. The first key point stems from a change in wording, essentially adding the word “ALL” to the sentence: Employers must take ALL reasonable steps to prevent harassment and sexual harassment of employees.

In practice, this may vary from business to business depending on context, but the new wording will bring greater scrutiny on your actions should you be taken to an employment tribunal.

The second change is the addition of liability for third party harassment, ie from customers, suppliers and others not employed by you.

Key measures to satisfy these changes may include, regular staff training, insertion of clauses in supplier contracts of an expectation that they comply with the law and signage emphasising that harassment of staff will not be tolerated. As we say, it will vary by business.

Trade unions – getting more power

Trade unions are already enjoying more freedoms as a consequence of the Employment Rights Act and this October these are extended further. From October 30:

• You must inform staff of their right to join a trade union.
• Trade unions gain enhanced access rights – both in terms of physical access to property and digital access to your systems.
• Trade union representatives are given further protection from detriment as well as expanded rights to time off.
• A new statutory role of union equality representative is created with rights to paid time off and access to your facilities to perform duties related to equality.
• Unfair practice restrictions are beefed up for union recognition campaigns once an application has been accepted by the Central Arbitration Committee.
• Employee participation in industrial action is further protected.

In preparation for this, you should be prepared with a written statement you can provide to employees on their union rights, as well as understand the access requirements that unions can ask for, which may seem intrusive. Before engaging with, or responding to, any union action, ensure you know the new rules or seek professional advice.

Tribunal claim limits

Traditionally, employees have had a three-month window in which to bring most employment tribunal claims. From October 1, this will be extended to six months.

Whilst a simple concept in itself, its application could be problematic. There is already a huge backlog in the processing of tribunal claims, so giving people more time to bring a claim is only likely to extend the uncertainty that this brings.

Peter Jones is managing director of the HR Dept Swindon, North Wiltshire and East Cotswolds