Employment law changes and how to prepare for October and beyond

Employers face stronger duties to prevent workplace harassment and new trade union access rights from 30 October 2026, as the next phase of the Employment Rights Act 2025 takes effect.

Further changes follow in January 2027, including a shorter qualifying period for ordinary unfair dismissal protection and uncapped compensatory awards.

For businesses across Great Britain, now is the time to review policies, refresh training and ensure managers understand what is changing.

A higher standard for preventing sexual harassment

Employers will need to take “all reasonable steps” to prevent sexual harassment, strengthening the existing requirement to take “reasonable steps”.

Having a policy on file will not, by itself, demonstrate compliance. Employers should assess where risks arise, make reporting straightforward and ensure managers can respond appropriately. Training should also be relevant to the working environment, with records kept of the action taken.

Responsibility extends to customers and clients

Employers will also face liability where employees experience harassment by third parties, such as customers, clients or suppliers, and the employer has failed to take all reasonable steps to prevent it.

This protection extends beyond sexual harassment. Businesses should consider the risks associated with customer contact, off-site work and work-related events, and give staff a clear route to raise concerns. Managers must be prepared to challenge inappropriate behaviour, including where an important client is involved.

Trade union access is changing

New provisions will allow independent trade unions to request physical and digital access to workplaces and workers, including where the union is not recognised. Access will operate through a statutory agreement process; it is not an unrestricted right to enter premises or access IT systems.

Further changes cover facilities and rights for union representatives. Employers will therefore need to identify who will handle access requests and review existing arrangements where unions are recognised.

The separate duty to inform workers of their right to join a trade union is now scheduled for 1 January 2027. We are still awaiting the government’s wording for notifying workers.

Why probation procedures need a review

From 1 January 2027, the qualifying period for ordinary unfair dismissal protection will reduce from two years to six months. Employees who already have six months’ service on that date will also benefit. The cap on compensation for unfair dismissal will also be removed.

Although this does not impose a statutory limit on probation periods, it makes managing them effectively more important. Extending someone’s probation beyond six months will not delay their entitlement to unfair dismissal protection.

Employers should set clear expectations at the start of employment, hold regular reviews and address performance concerns promptly, recording the support provided and decisions taken. Review dates should allow time for a fair process and consideration of contractual and statutory notice requirements. The process needs to be completed within the six-month timeframe.

What should employers do now?

Review harassment risks, policies, reporting procedures and manager training ahead of 30 October 2026. Assign responsibility for handling union access requests, and prepare for January by reviewing probation procedures and arrangements for informing workers about their trade union rights.

Across these changes, written policies will need to be supported by practical action, with clear responsibilities and timely reviews, not to mention professional legal support where necessary.

For advice on preparing your business, contact Adrian Hoggarth, Head of Employment Law.