Employment Rights Act 2025: October Changes – What Do Employers Actually Need to Do?

October 2026 brings another significant round of employment law changes. From longer Employment Tribunal time limits to stronger protection against workplace harassment, what do these changes mean for small businesses, and what should employers be doing now?

If you feel as though employment legislation has been changing almost constantly this year, you are certainly not alone. Since the Employment Rights Act 2025 received Royal Assent in December last year, we have already seen some substantial changes, and October brings the next round.

And, just to demonstrate how quickly things are continuing to move, there has already been a last-minute change to the October timetable.

The Government announced on 25 September 2026 that the new duty requiring employers to inform workers of their right to join a trade union, which had been expected to take effect from 30 October, has been postponed until around January 2027. The other October trade union reforms remain scheduled to proceed as planned.

These last-minute changes is another reminder of why employers need to keep an eye on developments rather than assuming that an implementation timetable published several months ago is necessarily the final word.

Earlier this year, we saw the introduction of day-one rights to paternity leave and unpaid parental leave, significant changes to Statutory Sick Pay and increased financial penalties for employers who fail to comply with collective redundancy consultation requirements. We also saw the establishment of the Fair Work Agency, which will have an increasingly important role in enforcing employment rights.

Now, as we approach October, there are further changes that employers need to understand and prepare for.

I appreciate that for many small business owners, keeping up with employment legislation is just one of the many responsibilities competing for their attention. Most employers aren’t employment law experts, and they shouldn’t have to be. What they really need to know is what has changed, whether it affects their business and, most importantly, what they need to do about it.

With that in mind, let’s look at the changes coming into force in October and the practical steps you should be taking.

1. Employment Tribunal Claims: Employees Will Have Longer to Bring a Claim

From 1 October 2026, the time limit for bringing most Employment Tribunal claims increases from three months to six months.

This includes claims relating to unfair dismissal, discrimination and unlawful deductions from wages.

Previously, employees generally had three months, less one day, from the date of the incident or termination of their employment to begin the process of bringing a claim. From October, this increases to six months, less one day, for most claims arising on or after that date.

The existing ACAS Early Conciliation process remains in place, and there are still exceptions and specific rules governing certain claims.

So, what does this mean for employers?

In practical terms, a dispute you thought had been resolved, or an employee departure you believed was behind you, could potentially result in an Employment Tribunal claim several months later.

For small businesses, this makes good record-keeping even more important.

Imagine dismissing an employee in October following a disciplinary process. You might not receive notification of a potential Tribunal claim until the following spring. By that point, the manager who conducted the disciplinary hearing may have left the business, emails may have been deleted, and recollections of conversations may have faded.

This is precisely why I regularly emphasise the importance of documenting employment decisions properly at the time they are made.

What should employers do?

My advice is to review how you manage and retain employee records, particularly those relating to disciplinary proceedings, grievances, performance management, absence and dismissals.

Make sure that important conversations are documented, decisions are explained and supporting evidence is retained securely.

You should also review your document retention arrangements to ensure that relevant employment records are preserved for an appropriate period, taking account of legal requirements and data protection obligations.

However, don’t interpret the longer time limit as a reason to delay resolving workplace problems.

Quite the opposite. I encourage employers to address concerns promptly and, wherever possible, resolve disputes before they escalate.

The extended time limit creates more opportunities for meaningful discussions and early resolution. A well-managed grievance or an honest conversation at the right time can prevent a relatively straightforward workplace disagreement from becoming a lengthy and expensive legal dispute.

2. Sexual Harassment: Employers Must Take All Reasonable Steps to Prevent It

From 30 October 2026, employers will have a strengthened legal duty to take all reasonable steps to prevent sexual harassment in the workplace.

This is the October change I would encourage every employer, regardless of their size, to pay particular attention to.

You may remember that in October 2024, employers became subject to a proactive duty to take reasonable steps to prevent sexual harassment.

The Employment Rights Act 2025 strengthens that requirement by introducing the words all reasonable steps.

Those two additional words are important.

The legislation reinforces the expectation that employers should be proactive rather than simply reacting when something goes wrong.

Having a sexual harassment policy tucked away in your employee handbook is not, by itself, sufficient.

Employers need to consider the particular risks within their business, identify appropriate preventative measures and ensure those measures are actually implemented.

Of course, what is reasonable will depend on the circumstances of the organisation. A business employing five people will have different resources and working arrangements from a company employing 500.

However, being a small business does not remove the obligation to take appropriate preventative action.

What should employers do?

I would encourage employers to start by reviewing their existing sexual harassment and dignity at work policies.

Consider whether your policies clearly explain what constitutes unacceptable behaviour, how employees can raise concerns and how those concerns will be investigated.

More importantly, think about how your business actually operates.

Do employees work alone? Do they attend work-related social events? Do they regularly interact with customers? Are there particular working environments or situations where employees could be more vulnerable?

These are the types of questions that should form part of a workplace sexual harassment risk assessment.

Managers also need appropriate training. They should understand their responsibilities, recognise potential warning signs and know how to respond when an employee raises a concern.

And please don’t overlook the importance of communicating with your employees. They need to understand what behaviour is unacceptable, how to report concerns and, crucially, feel confident that those concerns will be taken seriously.

There is little point in having an excellent policy if nobody knows it exists or feels comfortable using it.

3. Harassment by Customers, Clients and Other Third Parties: A New Responsibility

Another important change arriving on 30 October is the introduction of a duty on employers not to permit harassment of their employees by third parties.

This extends beyond sexual harassment and includes harassment related to relevant protected characteristics under the Equality Act 2010.

For businesses operating in retail, hospitality, healthcare and other customer-facing industries, this is particularly relevant.

However, it is not limited to those sectors.

Think about employees who regularly visit clients, attend networking events, work with external contractors or deal with suppliers.

The new legislation means employers need to consider the risk of harassment from people outside their own workforce.

For example, imagine a member of your team repeatedly receiving inappropriate comments from a customer. Perhaps the employee has raised concerns previously, but the behaviour has been dismissed because the customer is particularly valuable to the business.

That approach could leave an employer exposed.

Businesses will need to take reasonable preventative measures and respond appropriately when concerns arise. The legislation provides a defence where an employer can demonstrate that it took all reasonable steps to prevent the harassment.

What should employers do?

Start by identifying where your employees interact with third parties and assessing the potential risks.

Make sure your policies expressly address third-party harassment and explain how employees should report inappropriate behaviour by customers, suppliers, contractors or visitors.

Managers need clear guidance about what action they can take when a customer or another third party behaves inappropriately.

Depending on the circumstances, that might involve challenging the behaviour, restricting contact, changing working arrangements or, where appropriate, ending a commercial relationship.

For businesses with customer-facing premises, consider whether displaying a clear statement about unacceptable behaviour would be appropriate.

The important point is that employers must be able to demonstrate that they have considered the risks and taken appropriate action.

This is also a timely opportunity to review your whistleblowing policy. Since April 2026, disclosures about sexual harassment can qualify for protection under whistleblowing legislation, provided the relevant legal conditions are satisfied.

Your policies and management training should reflect that change.

4. Trade Union Rights: An Important Update for Employers

Trade union legislation is another area undergoing substantial reform under the Employment Rights Act 2025, but there has been a last-minute change that employers need to be aware of.

The new duty requiring employers to tell workers about their right to join a trade union was originally due to come into force on 30 October 2026.  The Government has now announced that this particular requirement is being postponed until January 2027.

So, if you have been reading about this as one of the October changes, you can take it off your immediate October to-do list.

However, I wouldn’t forget about it completely, because we now have considerably more information about what employers will actually be expected to do when the duty arrives.

What Will Employers Have to Tell Their Workers?

Under the new rules, employers will be required to provide workers with a written statement explaining their right to join a trade union.

And importantly, employers won’t be expected to draft this statement themselves.

The Government intends to introduce a standardised statement, with the wording set out in regulations. Employers won’t generally be able to amend the prescribed wording, although they will be able to add relevant workplace-specific information.

The statement is expected to include a brief explanation of what trade unions do, information about any recognised trade unions or statutory access agreements that apply within the workplace, and a summary of workers’ statutory trade union rights.

Employers will also need to provide access to the Certification Officer’s official list of trade unions, either by including a link within the statement or providing the list alongside it.

For most small businesses, therefore, this shouldn’t require the creation of an entirely new policy or complicated procedure.

However, it will require some changes to your onboarding and employee communication processes.

What About New Employees?

For new workers, the requirement will be relatively straightforward.

The trade union statement will need to be provided directly to them at the same time as their written statement of employment particulars.

For employers, this means your onboarding process will need to be updated so that the statement becomes part of the information routinely provided when somebody joins the business.

If you use an HR system to manage your onboarding documentation, this is something that should eventually be incorporated into that process.

And What About Existing Workers?

This is where the arrangements become slightly more detailed.

Employers will also need to ensure their existing workforce has access to the statement.

There will be some flexibility about how this is done.

You will be able to provide the statement directly, for example by email or another communication sent to individual workers.

Alternatively, you will be able to make it available indirectly, provided workers can reasonably and continuously access it. That might mean making it available through an employee portal, intranet or another appropriate workplace system.

The method you choose will affect what you need to do afterwards.

If you provide the statement directly, you’ll need to repeat that communication annually, by 5 April each year.

If you make the statement available indirectly, it will need to remain continuously accessible and you’ll need to remind workers annually where they can find it.

And if you subsequently move the statement to a different location, you’ll need to tell workers directly where it has moved to.

There will also be an obligation to reissue the statement within one month if there is a change to the identity of a recognised trade union or a statutory access agreement applying to the workplace.

It sounds rather administrative when you put all of that together, but for most small employers I think the practical solution will be relatively simple once the final regulations and standard statement are available.

What Should Employers Do Now?

For this particular duty, my advice is actually not to do too much just yet.

The implementation date has moved to January 2027 and, importantly, the Government is going to prescribe the statement employers must use.

There is therefore little benefit in businesses spending time drafting their own wording now.

Instead, make a note that your onboarding process will need to be updated and think about how you would make the statement available to your existing workforce.

Once the final regulations and standardised statement are published, employers can then incorporate the correct documentation into their processes.

For HR:4UK clients, we’ll of course be monitoring the final requirements and updating the relevant documentation and processes ready for implementation.

But Don’t Confuse This With the Other October Trade Union Changes

This is an important distinction.

The postponement relates specifically to the duty to inform workers of their right to join a trade union.

It does not mean that all of the Employment Rights Act’s October trade union reforms have been postponed.

Other reforms are still due to take effect from 30 October, including changes relating to trade union access to workplaces, additional rights and protections for trade union representatives and enhanced protections connected with industrial action.

Under the new workplace access framework, independent trade unions will be able to request access to workplaces to communicate with workers, recruit members and support trade union activities. This can include both physical and digital access.

Employers and unions will be able to agree the arrangements between themselves. Where agreement cannot be reached, the Central Arbitration Committee may become involved in determining whether access should be granted and on what terms.

There is an important distinction for smaller businesses: the Central Arbitration Committee will not be able to impose an access agreement on an employer with fewer than 21 workers across all its workplaces.

That doesn’t prevent a smaller employer voluntarily agreeing access arrangements, and it certainly doesn’t mean that employers should ignore a request from a trade union.

So, what should employers do?

For the new information statement, there is now a little more breathing space. Wait for the final regulations and prescribed wording rather than trying to create your own documentation.

For the wider trade union reforms coming into force in October, however, employers should still make sure they understand the changes.

If your business receives a formal request from a trade union for workplace access, don’t ignore it. Make sure you understand what is being requested and seek advice before responding, particularly if you’ve never previously dealt with trade union involvement.

And if you already recognise a trade union, now remains a good opportunity to review your existing arrangements and ensure managers understand the additional rights and protections being introduced.

The important message is that one October requirement has moved – the wider trade union reforms haven’t disappeared.

5. What Should Small Businesses Prioritise Before October?

Having explained the changes, I want to return to what I consider the most important question: what should you actually be doing?

My advice is not to treat every legislative announcement as a reason to rewrite your entire employee handbook.

Instead, take a proportionate approach and concentrate on the areas that genuinely require attention.

For October, I encourage employers to focus on four things.

First, review your approach to preventing workplace harassment. This should include reviewing your policies, carrying out a risk assessment, considering third-party harassment and ensuring managers understand their responsibilities.

Second, make sure your employment records are in order. With employees having longer to bring most Tribunal claims, accurate documentation and appropriate record retention are increasingly important.

Third, review your onboarding arrangements. Make sure you are ready to provide the new trade union rights statement in accordance with the final regulations.

Finally, ensure your managers understand the changes. Policies are important, but the way managers handle workplace situations will often determine whether problems are resolved effectively or escalate into formal disputes.

You don’t necessarily need to introduce complicated new procedures. In many cases, start by reviewing and improving the arrangements you already have.

What matters is being able to demonstrate that you have taken appropriate steps and that those steps are reflected in everyday working practices.

Looking Ahead: More Employment Law Changes Are Coming in 2027

Although October is our immediate focus, remember that the Employment Rights Act is being implemented in stages.

January 2027 will bring another particularly significant set of changes, including the reduction of the qualifying period for ordinary unfair dismissal claims from two years to six months and the removal of the statutory cap on compensatory awards.

There will also be new restrictions relating to certain fire and rehire practices.

These changes will have important implications for recruitment, probationary periods, performance management and decisions about dismissing employees.

We will be covering these developments in more detail as we approach their implementation.

For now, I encourage employers to use the coming weeks to get their October preparations underway rather than waiting until the changes have already taken effect.

Final Thoughts

One of the things I regularly see when advising small businesses is that employment problems don’t necessarily arise because an employer has deliberately done something wrong.

Quite often, difficulties develop because an employer hasn’t appreciated that a particular obligation exists, hasn’t documented a conversation or hasn’t had the time to review an outdated policy.

And I do understand that. Running a small business involves juggling countless responsibilities, and keeping up with an increasingly complex employment law landscape can feel overwhelming.

However, preparation doesn’t have to mean introducing unnecessary bureaucracy.

My message to employers is to concentrate on the fundamentals: have appropriate policies, make sure your managers understand them, maintain accurate records and create a working environment where employees feel comfortable raising concerns.

These are good employment practices regardless of changes in legislation.

At HR:4UK, we are reviewing and updating our documentation and supporting guidance to reflect the forthcoming changes, helping our clients understand their obligations and prepare for implementation.

If you are unsure how the October changes affect your business, or you would like support reviewing your existing arrangements, please get in touch with our team.

We are here to help you understand and implement the changes so you can focus on what you do best: running your business.