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Friday, July 17, 2026

Looking Forward to October 2026: Next Phase of Changes under the UK Employment Rights Act 2025 - Littler Mendelson P.C.

The next phase of significant reforms under the UK Employment Rights Act 2025 (“ERA 2025”) is expected in August and early October 2026, which includes introducing wide-ranging trade union provisions, enhanced duties on employers to prevent sexual harassment in the workplace, and potential liability for harassment by third parties, among other changes.

In this article, we set out the key changes for August and October, which employers should start preparing for now.

Timing

Summary

August 2026

Trade Unions – Electronic and workplace balloting for Statutory Trade Union Ballots

October 2026

Sexual Harassment – Employer duty to prevent sexual harassment – increasing to “all reasonable steps

Third Party Harassment – Introducing an obligation on employers not to permit harassment by third parties

Trade Unions, including:

  • Duty to inform workers of their right to join a trade union
  • Strengthening trade unions’ right of access
  • Changes to strengthen the laws in respect of unfair practices in the trade union recognition and derecognition process
  • New rights and protections for trade union representatives
  • Extending protections against detriments for taking industrial action
  • Bringing forward regulations to establish the Fair Pay Agreement Adult Social Care Negotiating Body in England

Time Limits – Employment tribunal time limits increasing from 3 to 6 months (note the Government’s published timeline currently indicates this will be “no earlier than October 2026”)

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