The Employment Rights Act October 2026 changes come in two steps. From 1 October 2026, most employment tribunal claims can be brought within six months instead of three. From 30 October 2026, employers must take “all reasonable steps” to prevent sexual harassment, become liable for harassment of their workers by third parties such as customers and patients unless they took all reasonable steps to prevent it, and face new trade union workplace access rights. If you run customer-facing sites with shift-based or agency staff, the harassment changes need action this month.
Information correct as of 7 October 2026. This article is general guidance, not legal advice. Take advice on your own circumstances from a qualified employment lawyer or Acas.
The October 2026 changes at a glance
The Employment Rights Act 2025 is being introduced in stages. October 2026 is one of the busiest months so far.
| Date | What changes | Who it affects most |
|---|---|---|
| 1 October 2026 | Tribunal time limits rise from three to six months for most claims (England and Wales; Scotland breach-of-contract claims follow on 9 November 2026) | All employers |
| 30 October 2026 | Duty to take “all reasonable steps” to prevent sexual harassment | All employers |
| 30 October 2026 | Liability for harassment of workers by third parties (customers, clients, contractors, service users, members of the public) | Customer- and public-facing employers |
| 30 October 2026 | Statutory trade union rights of physical and digital workplace access | Employers with 21 or more workers |
| 1 January 2027 | Six-month unfair dismissal qualifying period; compensation cap removed; duty to tell workers of their right to join a union | All employers |
Sources: Acas, legislation.gov.uk, Lewis Silkin.
One caution: when this article was written, the commencement regulations for the 30 October measures had not yet appeared on legislation.gov.uk. The date comes from Acas and government guidance. It is very likely to hold, but check before you rely on it.
1 October 2026: six months to bring a tribunal claim
From 1 October 2026, the time limit for most employment tribunal claims doubled from three to six months. That covers unfair dismissal, discrimination, unlawful deductions from wages and most other common claims.
The longer limit applies where the “relevant date” (usually the act complained about, or the last in a series of acts) falls on or after 1 October 2026, according to the commencement regulations and Lewis Silkin’s summary. Events before that date keep the old three-month limit, although a continuing course of conduct can stretch the window.
What it means in practice
- Keep records for longer. A complaint about a shift in November 2026 could become a claim in spring 2027. Hold onto rotas, timesheets, emails and notes of meetings.
- Deal with grievances properly. A badly handled grievance now has twice as long to turn into a claim.
- Ask your agency for records too. If you use temporary workers, agree who keeps which documents and for how long.
30 October 2026: “all reasonable steps” to prevent sexual harassment
Since October 2024, the Worker Protection Act 2023 has required employers to take “reasonable steps” to prevent sexual harassment of their employees. From 30 October 2026, that becomes “all reasonable steps”.
The government’s business guidance puts it plainly: employers “must now take all of the steps that are reasonable for their organisation to take to prevent sexual harassment” (business.gov.uk). There is no fixed list. What is reasonable depends on your size, sector and risks. But “we have a policy” is unlikely to be enough on its own.
What “all reasonable steps” usually looks like
Employment lawyers and the Equality and Human Rights Commission (EHRC) point to a similar set of actions:
- A written risk assessment of where harassment could happen: lone working, night shifts, alcohol-serving venues, home visits, crowded sites.
- A clear policy that covers harassment by colleagues and by third parties, with examples relevant to your workplace.
- Training for all staff, and extra training for supervisors on spotting and handling reports.
- Easy reporting routes, including one that bypasses a worker’s line manager.
- Prompt, fair investigations and visible action when complaints are upheld.
- Regular review, especially after an incident or a change in how you operate.
The EHRC publishes an 8-step guide to preventing sexual harassment at work and a checklist, linked from the government’s guidance page. These are a sensible benchmark.
30 October 2026: liability for third-party harassment
This is the change most likely to affect frontline sectors. From 30 October 2026, employers can be liable when their workers are harassed by third parties unless they took all reasonable steps to prevent it (Acas).
Acas lists third parties as including customers, clients, service users, contractors, event attendees and members of the public, both in person and online. Government guidance says the protection covers the types of harassment in the Equality Act 2010, apart from pregnancy and maternity and marriage and civil partnership (business.gov.uk). So it is not only sexual harassment: racial abuse from a customer, or disability-related abuse from a visitor, is in scope too.
Sector examples
| Sector | Typical third-party risk | Practical steps |
|---|---|---|
| Hospitality and catering | Customers who have been drinking; comments at the bar or during table service | Clear signage, staff empowered to refuse service, a duty manager to escalate to, incident log |
| Healthcare and nursing support | Patients or relatives making sexual or racist remarks | Care-plan notes on known risks, chaperone or paired working, a reporting route that does not depend on the ward manager |
| SIA security | Abuse from the public at doors, events and retail sites | Body-worn cameras where appropriate, radio check-ins, clear handover of incidents to the client |
| Commercial cleaning and facilities | Lone working in offices out of hours; harassment by client staff | Lone-worker checks, agreed process with the client to report and act on incidents |
| Logistics and warehouse | Drivers or visitors in yards and goods-in areas | Visitor rules at reception, supervisors trained to intervene, CCTV in shared areas |
If you use agency workers
Many sites run on a mix of permanent and temporary staff. Harassment protections under the Equality Act can apply to the business where an agency worker is placed as well as to the agency. In practice, the safest approach is a joint one:
- Share your risk assessment with your agency so workers can be briefed before their first shift.
- Agree a reporting route so that an agency worker can report an incident on site and to the agency.
- Include the policy in site inductions for every new temporary worker.
- Agree who investigates and how outcomes are shared.
At MEL, we brief candidates on site rules before placement and expect clients to tell us about any known risks. That conversation is now more important than ever.
30 October 2026: trade union access to workplaces
From 30 October 2026, trade unions gain a statutory route to request physical and digital access to workplaces to meet, recruit and organise workers. According to Lewis Silkin’s summary of the regime:
- It applies to employers with 21 or more workers (counting associated employers).
- The employer has 15 working days to respond to a request, followed by a negotiation period.
- If no agreement is reached, the union can apply to the Central Arbitration Committee (CAC).
- Access can be physical or digital, with notice periods for visits.
- Breaching an access agreement or CAC decision can lead to financial penalties.
A Code of Practice will explain how access should work in practice. You do not need to wait for a request to prepare.
Practical preparation
- Decide who will receive and respond to an access request.
- Identify suitable meeting spaces and any site-safety rules visitors must follow.
- Consider how digital access (for example, an intranet notice or email) would work for shift and agency workers.
- Brief managers not to discourage or penalise union activity.
What is not changing in October
Some earlier reports said these would start in October 2026. Based on current Acas and government information, they will not:
- Duty to inform workers of their right to join a union: moved to 1 January 2027 (Acas).
- Strengthened tipping rules: postponed to “by the end of 2026” after the draft Code of Practice was withdrawn (Blake Morgan).
Looking ahead: 1 January 2027
The next big step comes on 1 January 2027, when Acas lists these changes:
- The unfair dismissal qualifying period falls to six months (from two years).
- The cap on unfair dismissal compensation is removed.
- Employers must inform workers of their right to join a trade union.
- New protections against dismissal and re-engagement (“fire and rehire”) take effect.
For hiring managers, the six-month qualifying period puts more weight on probation reviews and good early-days management. We will cover this in a separate guide before January.
Employer checklist for October 2026
Use this checklist to check you are ready by 30 October 2026.
- Write or update a harassment risk assessment for each site, covering third parties.
- Update your harassment policy to cover customers, patients, visitors and contractors.
- Run refresher training for staff and supervisors before the end of October.
- Set up at least two reporting routes, one that bypasses the line manager.
- Add harassment rules to customer-facing signage, terms or visitor rules where sensible.
- Agree a joint approach with your staffing agency: briefings, reporting, investigations.
- Extend record retention for rotas, grievances and investigations to reflect six-month time limits.
- Nominate who handles a union access request, and plan meeting space and digital access.
- Review probation processes ahead of the six-month qualifying period on 1 January 2027.
- Diary a post-implementation review in early 2027.
Worked example: a hotel bar on a Friday night
A hotel uses a mix of permanent bar staff and agency hospitality workers. A guest repeatedly makes sexual comments to a temporary bartender.
Before: the bartender tells a colleague, nothing is recorded, and the agency only hears about it a week later.
After the 30 October changes, with good practice: the bartender was briefed at induction on how to report. The duty manager steps in, the guest is warned and later asked to leave, the incident is logged, and both the hotel and the agency are informed the same night. The hotel’s risk assessment already flagged late-night bar service, so signage and a “refuse service” rule were in place. That is the kind of evidence that helps show all reasonable steps were taken.
How MEL can help
As a recruitment agency supplying staff in facilities management and cleaning, healthcare support, logistics, hospitality and SIA security, MEL works with employers on safe, compliant placements. We can:
- Brief temporary workers on your site rules and reporting routes before they start.
- Agree clear incident-reporting and communication steps with your managers.
- Supply temporary and permanent staff for your sector.
To talk about your staffing needs, see our services or contact our team. Looking for work? Browse the MEL job board or register free as a candidate.
Frequently asked questions
What changes in employment law on 30 October 2026?
Employers must take all reasonable steps to prevent sexual harassment, become liable for harassment of their workers by third parties unless they took all reasonable steps to prevent it, and trade unions gain statutory workplace access rights. Check legislation.gov.uk for the final commencement regulations.
What does “all reasonable steps” mean?
There is no fixed list. It means taking every step that is reasonable for your organisation, usually a risk assessment, a clear policy, training, accessible reporting routes, prompt investigations and regular review.
Who counts as a third party for harassment?
Acas lists customers, clients, service users, contractors, event attendees and members of the public, in person or online.
Does third-party harassment only cover sexual harassment?
No. Government guidance says it covers Equality Act harassment generally, except pregnancy and maternity and marriage and civil partnership.
How long does an employee have to bring a tribunal claim now?
For most claims where the act complained of happened on or after 1 October 2026, six months rather than three.
Do small employers have to allow union access?
The access regime applies to employers with 21 or more workers, including associated employers.
When does the six-month unfair dismissal qualifying period start?
1 January 2027, according to Acas.
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