Employment partner Claire Haworth, of AfterAthena, explores the next phase of employment rights reform and why employers should prepare now, rather than wait for the changes to take effect.
The first phase of the Employment Rights Act 2025 is already in force, but the reforms likely to have the greatest operational impact are still ahead.
With further changes due in October 2026 and January 2027, employers may feel they have time. In reality, the next phase will reshape workplace culture, contractual flexibility and how risk is managed from day one.
From 1 October 2026, time limits for most tribunal claims will increase from three to six months. Combined with the existing 12-week Acas early conciliation period, employers will face a longer window of uncertainty over whether a claim will be brought.
From 30 October 2026, the ERA will increase trade union visibility and influence. Employers will need to inform workers of their right to join a union, while unions will gain wider physical and virtual workplace access to support engagement, recruitment and collective bargaining. Protections for industrial action and trade union representatives will also be strengthened.
From 30 October 2026, employers must take ‘all reasonable steps’ to prevent sexual harassment, rather than simply ‘reasonable steps’.
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