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Employment Rights Act 2025 – October 2026 – Part 1

 

The Employment Rights Act 2025 (ERA 2025) brings some of the most significant reforms to UK employment law in years. Two major changes landing in October 2026 will directly increase employers’ legal exposure: extended employment tribunal time limits and new, proactive duties to prevent workplace harassment.

These reforms are confirmed in the Government’s updated timeline for 2026, which highlights both the coming tribunal deadline extension and the introduction of enhanced anti‑harassment obligations in October 2026.

Employment Tribunal Time Limits

Under the ERA 2025, employees will soon have six months instead of three months to bring most tribunal claims — a change expected from October 2026 according to the Government’s published timetable.

Legal commentators have already warned that these changes are likely to increase the number of claims and prolong how long after an event a dispute may arise.

What the extended time limits mean for employers
  • Claims may be raised long after the relevant events, increasing evidential risk.
  • Employers must rely heavily on well‑kept records as witnesses’ recollection may weaken over time.
  • The longer employment tribunal time limits become, the more important contemporaneous documentation will be.

New Anti‑Harassment Duties

Alongside the changes to employment tribunal time limits, the Government has confirmed that new, tighter duties on employers to prevent harassment will take effect in October 2026, based on the current timetable published by the Government.

This includes strengthened protections for workers making whistleblowing disclosures about sexual harassment, which come into force from April 2026.

What the new duties mean for employers
  • Employers will have a proactive legal obligation to prevent harassment, not just respond to complaints.
  • The duty covers harassment by colleagues, managers, third parties and anyone an employee interacts with through work.
  • Enforcement is expected to become more robust through the new Fair Work Agency established in April 2026.

Recommended Employer Actions

Strengthen HR documentation practices

Ensure managers keep detailed, consistent record‑keeping will be essential given the extended employment tribunal time limits. Ensure strong documentation across:

  • grievances
  • disciplinary matters
  • performance management
  • consultation processes
  • redundancy decisions
  • everyday employee relations issues
Re‑train managers
  • Teach managers how to keep clear contemporaneous notes.
  • Reinforce confirming key discussions in writing.
  • Ensure they understand both the extended claim period and the increased harassment‑prevention duty.
Review and update anti‑harassment measures
  • Refresh anti‑harassment policies.
  • Provide updated training to all staff.
  • Audit current reporting channels and ensure they are accessible and supportive.
  • Clarify processes for handling whistleblowing concerns related to sexual harassment.
Update data‑retention policies
  • Extend retention periods so records remain available if a claim is raised several months later.

Final Thoughts

The October 2026 changes to employment tribunal time limits, combined with new anti‑harassment obligations, significantly increase employer risk. Organisations that prepare early will be far better placed to:

  • stay compliant
  • minimise tribunal exposure
  • maintain employee trust

If you’d like support assessing your risk or preparing for these changes, get in touch.

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