The Employment Rights Act 2025 is a wide-ranging package of workplace reforms being phased in across 2026 and 2027, rather than coming into force all at once.
Two important sets of changes take effect in October 2026. From 1st October, the time limit for bringing most employment tribunal claims increases from three months minus one day to six months minus one day, generally where the relevant act, omission or termination occurs on or after that date.
Then, from 30th October, employers will face stronger duties to prevent workplace harassment: they must take all reasonable steps to prevent sexual harassment and may also be liable for harassment by third parties, such as customers, clients, service users or contractors, unless they have taken all reasonable steps to prevent it.
Together, the reforms increase both the period during which claims may be brought and the preventative action expected of employers.
What is changing from 1st October 2026?
The time limit for bringing most employment tribunal claims will increase from three months to six months. The change applies to claims arising on or after 1st October 2026 and forms part of the government's wider programme of employment law reform.
Why is the government extending the deadline?
The government says the current three-month window can be challenging for employees who are dealing with the aftermath of dismissal, discrimination or other workplace disputes. The longer time limit is intended to give individuals more opportunity to seek legal advice, gather evidence and consider whether pursuing a claim is the right course of action.
Does this mean employees should wait longer before seeking advice?
No. Although the deadline is being extended, it is always advisable to seek advice as early as possible. Evidence is generally easier to obtain closer to the events in question, and early conversations can often help resolve disputes before formal proceedings become necessary.
What does the change mean for employers?
Employers will face a longer period of uncertainty following dismissals, grievances and disciplinary matters. Potential claims will remain live for longer, meaning organisations will need to ensure records, documents and witness evidence are retained and accessible for extended periods.
How does Acas Early Conciliation fit into the process?
Before most tribunal claims can be issued, employees must notify Acas and go through the Early Conciliation process. This process pauses the limitation period and can extend the overall timeframe for bringing a claim. Combined with the new six-month deadline, workplace disputes could remain unresolved for significantly longer than under the current system.
What should businesses be doing now?
Employers should review their HR procedures, record-keeping practices and document retention policies to ensure they are prepared for the longer limitation period. Managers should also be reminded of the importance of keeping clear written records of key employment decisions, as those documents may be needed many months after an issue first arise
What else changes later in October 2026?
From 30th October 2026, the duty on employers will be strengthened from taking “reasonable steps” to taking “all reasonable steps” to prevent sexual harassment at work. A separate change will also make employers potentially liable where a worker is harassed by a third party in the course of their work, unless the employer can show that it took all reasonable steps to prevent that harassment.
Who is considered a third party?
A third party is someone who does not work for the organisation but comes into contact with its workers through work. This could include customers, clients, service users, patients, students, contractors, consultants, conference attendees or members of the public. The protection can apply to conduct in person or online.
What does “all reasonable steps” mean for employers?
The precise measures will depend on the organisation’s size, sector and risks, but employers will be expected to take every preventative step that is reasonable for them, rather than selecting only some measures. This is likely to include regular risk assessments, clear and up-to-date policies, meaningful training, effective reporting and investigation arrangements, monitoring incidents, and action to address workplace culture. Where staff deal with customers or other outsiders, employers should also consider warnings, contractual terms, staffing arrangements, security measures and escalation procedures. Decisions about measures considered unreasonable should be documented.
What should organisations do before 30th October?
Employers should review their anti-harassment policies and risk assessments, identify roles or settings with greater exposure to third-party conduct, refresh training for managers and staff, and make reporting routes clear and accessible. They should also consider how expectations are communicated to clients, customers, suppliers and contractors, and keep evidence of the steps taken. A policy alone is unlikely to be enough if it is not supported by organisation-wide prevention, training and effective action when concerns arise.
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