October 2026 will bring several significant employment law changes for employers in England and Wales. These reforms include an expansion of the right to work regime, longer time limits for some Employment Tribunal claims, and enhanced obligations on employers to prevent workplace harassment.
With the implementation dates fast approaching, employers should take the opportunity to review their policies and procedures to ensure they are prepared for the changing legal landscape.
1 October 2026
- Expansion of Right to Work Checks
From 1 October 2026, the right to work regime will be extended beyond traditional employees. For the first time, certain workers, individual subcontractors and individuals engaged through online matching platforms may fall within the scope of the illegal working regime
The changes are intended to reflect modern working arrangements and ensure that organisations cannot avoid compliance obligations simply because an individual is not engaged as a direct employee.
Employers should review:
- Contractor and subcontractor arrangements;
- Agency and contingent labour arrangements;
- Procurement and outsourcing processes; and
- Existing right to work checking procedures.
Failure to comply can lead to substantial civil penalties and, where applicable, potential sponsor licence consequences.
- Increase of Time Limits for Employment Tribunal Claims
Another significant reform taking effect on 1 October 2026 is the extension of the limitation period for most Employment Tribunal claims from three months to six months. This change will generally apply where the act complained of takes place on or after 1 October 2026.
The Government’s aim is to provide parties with more time to resolve disputes through internal procedures and ACAS Early Conciliation before formal proceedings are issued.
From an employer’s perspective, however, the changes are likely to extend the period during which claims may be brought and increase the importance of robust record-keeping and document retention practices. The reform also comes ahead of further changes in January 2027, including the proposed reduction of the qualifying period for unfair dismissal claims.
30 October 2026
- Stronger Duty to Prevent Sexual Harassment
From 30 October 2026, employers will be required to take “all reasonable steps” to prevent sexual harassment in the workplace. This represents a strengthening of the preventative duty introduced in October 2024 under the Worker Protection (Amendment of Equality Act 2010) Act 2023 and raises the standard expected of employers.
Although further guidance is expected, employers should anticipate greater scrutiny of the measures they have in place to prevent sexual harassment and should be able to demonstrate a proactive approach to compliance
Practical steps may include:
- Reviewing anti-harassment policies;
- Providing regular staff training in relation to harassment and sexual harassment;
- Conducting workplace risk assessments; and
- Reviewing reporting procedures.
- New Liability for Third-Party Harassment
Also from 30 October 2026, employers will have a duty not to permit the harassment of employees by third parties, including customers, clients, contractors, suppliers and members of the public.
The change is likely to have particular significance for businesses whose employees regularly interact with members of the public or external stakeholders, including those operating in the retail, hospitality, healthcare and service sectors.
Employers should ensure that complaints involving third parties are taken seriously and dealt with promptly. Clear behavioural expectations for customers, clients and visitors may also help minimise risk and demonstrate compliance with the new duty.
Looking Ahead
October 2026 represents another major step in the Government’s implementation of changes brought by the Employment Rights Act 2025. With the implementation dates fast approaching, employers should take the opportunity to review their policies, procedures, and compliance processes to ensure they are ready for the new legal landscape.
If you would like advice on how these changes could affect your business, our Employment Team would be happy to help. Please contact Elliot Hammer (Partner and Head of Employment) at eh@branchaustinmccormick.com or Emily Iveson (Associate) at ei@branchaustinmccormick.com.
