Employment Rights Act 2025 Reforms
Employment Rights Act 2025 Reforms
What Employment Rights Act 2025 reforms will take effect in October 2026?
The Employment Rights Act 2025 reforms will introduce a number of significant changes affecting employers, workers, trade unions, and workplace protections. Below is an overview of the key Employment Rights Act 2025 reforms taking effect in October 2026.
How will Employment Tribunal time limits change under the Employment Rights Act 2025 Reforms?
From 1 October 2026, section 152 and Schedule 12 of the Employment Rights Act 2025 will extend the limitation period for most Employment Tribunal claims from three months to six months. The change will apply prospectively only and will not have retrospective effect. Accordingly, it will only apply where the relevant act, detriment, discriminatory treatment or termination occurs on or after 1 October 2026.
What Trade Union changes will take effect under the Employment Rights Act 2025 Reforms?
From 30 October 2026, there will be the implementation of a range of reforms strengthening trade union rights and protections in the workplace will take effect, including:
How will Employers be required to inform Workers about Trade Union membership?
Section 58 of the Employment Rights Act 2025 introduces a new section 136A into Part 3 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). This will require employers to provide workers with a written statement explaining their right to join a trade union. The statement must be issued alongside the worker’s Contract of Employment particulars.
How will Trade Union access rights change?
Section 59 of the Employment Rights Act 2025 inserts a new Chapter 5ZA (sections 70ZA to 70ZN) into Part 1 of TULRCA, creating a framework governing workplace access by qualifying trade unions. Under the new provisions, employers and trade unions may enter into access agreements allowing union representatives to engage with workers both in person and through communication channels. Access may be granted for a variety of purposes, although it cannot be used to organise industrial action. A union may submit an access request to an employer, who will have an opportunity to respond within a prescribed period. Where a response is provided, the parties will then enter negotiations to agree the terms of access.
How will Trade Union recognition and derecognition procedures change?
The Employment Rights Act 2025 will amend Schedule A1 to TULRCA by introducing a 20-working-day negotiation period during which employers and unions can agree arrangements for union access to workers within a bargaining unit. The reforms also introduce additional safeguards against unfair practices during recognition and derecognition processes. Furthermore, Schedule 6 provides that once the Central Arbitration Committee (CAC) receives an application for union recognition, the number of employees in the proposed bargaining unit cannot be increased for recognition purposes, although reductions resulting from normal workforce changes, such as resignations or retirements, may still be reflected.
How will protections for Trade Union representatives be enhanced?
Enhanced protections for trade union representatives. New provisions will place the burden on employers to demonstrate that a requested period of time off was unreasonable where an employee claims they were denied time off for trade union duties or trade union learning representative duties. This reverses the evidential position and strengthens protections for union representatives carrying out their functions.
How will protection against detriment for industrial action change?
Wider protection against detriment for participating in industrial action. Workers will gain protection from being subjected to detriment by their employer where the employer’s actions, or deliberate failure to act, are intended primarily to prevent, discourage, or penalise participation in protected industrial action. Industrial action will be treated as protected where it falls within the statutory immunity provisions contained in section 219 of TULRCA. In addition, the repudiation of industrial action by a trade union under section 21 of TULRCA will not affect events occurring before the end of the next working day following the repudiation.
How will sexual harassment obligations change under the Employment Rights Act 2025 reforms?
From 30 October 2026, Employers will face significantly greater responsibilities in relation to preventing and addressing sexual harassment in the workplace. These obligations will apply whether the harassment is carried out by another employee or by an external individual, such as a customer, client, contractor, or supplier. Key changes include:
What is the strengthened duty to prevent sexual harassment?
Currently, section 40A(1) of the Equality Act 2010 requires employers to take reasonable steps to protect employees from sexual harassment during their employment. Under the Employment Rights Act 2025, this obligation will be expanded, requiring employers to take all reasonable steps to prevent sexual harassment, including harassment by third parties, across all relevant protected characteristics under section 26(1) and (3) of the Equality Act 2010. This enhanced requirement places a much heavier burden on employers. Defending sexual harassment claims is expected to become more challenging, and organisations that fail to meet their obligations may face increased compensation awards, regulatory investigations by the Equality and Human Rights Commission (EHRC), and potential enforcement action.
What mandatory preventative measures may be introduced?
The legislation will also introduce powers allowing regulations to specify evidence-based measures that employers must implement to prevent sexual harassment, supporting the broader requirement to take all reasonable steps. While the final regulations are yet to be confirmed, they are expected to include requirements such as:
- conducting specified assessments, including workplace risk assessments;
- publishing relevant policies and action plans relating to sexual harassment;
- implementing clear procedures for reporting incidents of sexual harassment; and
- establishing effective processes for investigating and resolving complaints.
How will third-party harassment liability return?
Section 21 of the Employment Rights Act 2025 will reintroduce employer liability for harassment committed by third parties in relation to all relevant protected characteristics. Amendments to section 40 of the Equality Act 2010 will mean that employers must not allow third parties to harass their employees, in addition to the existing prohibition on harassment by employers themselves. An employer may be found liable where either a third party harasses an employee during the course of their employment; or the employer has failed to take all reasonable steps to prevent that harassment from occurring. For these purposes, a third party is any individual who is neither the employer nor one of its employees, as defined by section 40(1C) of the Equality Act 2010.
What is the Adult Social Care Negotiating Body reforms?
From 30 October 2026, regulations establishing the Adult Social Care (ASC) Negotiating Body in England are expected to be introduced as part of the Government’s Fair Pay Agreement framework. The ASC Negotiating Body will operate as an independent advisory body responsible for supporting the delivery of the first sector-wide Fair Pay Agreement for adult social care in England. Supported by £500 million in funding, the body hopes to bring together employer representatives and trade unions to negotiate legally binding standards relating to pay, terms, and conditions across the sector. During 2027, a Chair and other members will be appointed, with formal negotiations anticipated to begin around April 2027. The first Fair Pay Agreement is expected to take effect from April 2028, providing legally enforceable minimum standards for adult social care workers throughout England.
Why are the Employment Rights Act 2025 reforms important for Employers and Workers?
The Employment Rights Act 2025 reforms represent a significant development in employment law, introducing extended tribunal limitation periods, strengthened trade union rights, enhanced protection against sexual harassment, and sector-wide changes within adult social care. Employers and Workers should ensure they understand the Employment Rights Act 2025 reforms and their impact ahead of the implementation dates in October 2026.
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