1 October 2026

Employment Tribunal Time Limits Increased in England and Wales

Currently, most Employment Tribunal claims must be brought within three months. From 1 October 2026, this limitation period will increase to six months.

The extension is intended to give parties more time to resolve matters between themselves, thereby reducing the need for claimants to file protectively before the current three-month deadline, or risk losing their claim altogether if agreement is not reached.

Rules on extending time, including stopping the clock for Acas early conciliation, are unaffected. However, this extension, combined with the extension of the Acas conciliation period from 6 to 12 weeks gives would be claimants substantially longer to file a claim. Therefore, not only does this risk an increase claims being brought, but there may also be a rather large gap between the alleged conduct and the employer becoming aware of the claim.

Employers should act now in response to this new change. Those who don’t may struggle to defend claims later. To prepare, employers should:

• Update record retention policies to ensure documents are kept for longer, particularly for recently departed employees;
• Review employee exit procedures to ensure files are up to date at exit;
• Train managers to document concerns and incidents appropriately and consistently; and
• Review investigation procedures to ensure events are recorded contemporaneously and in enough detail to increase viability of successfully preparing a defence.

 

30 October 2026

Employers required to take “all reasonable steps” to prevent sexual harassment in the workplace

Since October 2024, employers have been required to anticipate and assess the risk of sexual harassment in their workplace, and are currently required to take “reasonable steps” to prevent it under the Worker Protection Act 2023. This was a significant, long-awaited shift: employers now have a clear proactive duty to keep workplaces safe and free from sexual harassment.

The ERA aims to strengthen these protections by introducing a broader, higher duty on employers to take “all reasonable steps” to prevent sexual harassment of their staff.

What’s the practical difference? In real terms, this is a significant increase in responsibility and a higher bar for defending claims. The question is no longer whether steps were reasonable, but whether anything more could have been done, given the specific circumstances, with reference to the scale, size and resources of the employer. That means the question of satisfactory compliance will be highly fact-dependent.

In good news, details specifying what counts as “reasonable” will be set out in forthcoming regulations. In less good news, the government anticipates this won’t be until in 2027, following consultation. The rollout is puzzling, and this delay between the duty and the guidance creates uncertainty in the meantime.

Until then, there is still much employers can and should be doing, particularly if they haven’t yet adapted to the October 2024 duty:

• Provide compulsory training for all staff on sexual harassment, tailored to the industry wherever possible;
• Ensure risk assessments are fit for purpose;
• Update policies and ensure reporting channels are clear and understood; and
• Train managers on their responsibilities with reference to the policies, in particular how to manage sexual harassment complaints.

 

Employers liable for employee harassment perpetrated by third parties

The Worker Protection Act 2023 also introduced a duty on employers to prevent third-party harassment of staff. The ERA expands this duty.

From 30 October 2026, employers must not permit a third party to harass their employees. This occurs where both of the following apply:

• The third party harasses the employee in the course of their employment with the employer; and
• The employer failed to take all reasonable steps to prevent the third party from harassing the employee in the course of their employment.

A “third party” is any person other than the employer or one of its employees.

Expectations for preventing third-party harassment are expected to be lower than those for preventing harassment by an employer’s own staff.

Employers can prepare for this new obligation by:

• Ensuring its anti-harassment/bullying policy and any respect at work training is up to date, so employees know how to recognise unacceptable behaviour and how to report it;
• Update supplier and customer-facing terms to make clear that harassment of staff won’t be tolerated, and consider requiring compliance with anti-harassment policies in terms of business;
• Train managers on what harassment can look like and how to take appropriate action; and
• Place appropriate signage in publicly accessible areas so third parties are aware of the business’ approach to third party harassment when they attend the premises.

 

Right to statement of trade union rights

From 30 October, employers will have a new duty to tell workers in writing that they are entitled to join a trade union. Union rights will also be strengthened with a new statutory right of workplace access. Workers taking industrial action will be protected against detriment, and trade union equality representatives will gain enhanced rights, including paid time off for certain equality-related activities. Recognition and derecognition processes are also expected to be reformed, and unions will be able to request access to workplaces, in person and digitally.

Employers should update new starter information to comply with the notification requirement. Two revised draft codes of practice, covering time off for trade union duties and access, and unfair practices in recognition and derecognition, have been laid before Parliament. More detailed guidance is expected this month.

UPDATE: Following publication, the Government has since announced that the duty to inform workers of their right to join a trade union will not take effect until January 2027

Our Employment team are advising clients on how to manage the various changes in a practical and proportionate way. Please get in touch if you would like to discuss any aspect.

This Autumn, our Employment team is running a series of roundtables for senior HR professionals, looking at the key employment law changes coming into effect over the months ahead. If you would like to find out more, please contact our Events team at events@leeandthompson.com.