Key changes to Employment Law October 2026 – January 2027

What do you need to action now?

There are a number of changes that are taking place over the last quarter of this year and into January, and it is important that you are aware and take action now.

Extension of time limit to make a claim – 01 October 2026

The time limit will change from 3 months to 6 months and therefore you should:

• Review your data retention policy in regard to former employee files.
• Keep good records of meetings and discussions with employees
• Seek advice as soon as possible to try to resolve and prevent claims

Third Party Harassment  – 30 October 2026

Employers will be liable for harassment of their employees by third parties unless they have taken all reasonable steps to prevent it.

You should do the following:

• Complete a risk assessment – across the organisation and in different departments/areas where appropriate.
• Identify steps to mitigate the risks identified.
• Create a policy to cover Third Party Harassment
• Train managers
• Train employees
• Publicise and distribute your position and policy to third parties

Sexual Harassment – 30 October 2026

The obligation on employer to prevent sexual harassment increases from ‘reasonable steps’ to ‘all reasonable steps’ giving a higher level of requirement for employers.

If you have not already started to take steps to comply with the duty to prevent sexual harassment I recommend you read here: https://realemploymentlawadvice.co.uk/2024/11/03/sexual-harassment-prevention-duty/

You will find our resources and training course here to help you comply:

DIY Sexual Harassment Prevention Training for Managers

Sexual Harassment Awareness and Prevention Training for Employees

Sexual Harassment Prevention Documents for Employers

Trade Union Rules  - 30 October 2026

The following changes are taking place:

1. a new duty for employers to inform workers of their right to join a trade union
2. updated rules on a trade union's right of access to the workplace
3. a new right to reasonable accommodation and facilities for trade union representatives carrying out their duties
4. a new right to time off for union equality representatives to carry out their duties
5. an updated Code of Practice on trade union recognition

You should do the following:

• Update your employee terms to include reference to the employees right to join a trade union.
• Nominate a HR/management contact for union access requests.
• Create a written procedure for receiving, logging and responding to requests.
• Review any existing trade union/facility-time policy. Create a clear procedure for requesting and recording paid time off.
• Identify any union equality representatives within the organisation.
• Review the Trade Union/Employee Relations Policy, Staff Handbook, induction documents.
• Where a union is already recognised, review the recognition/facilities agreement with it and discuss what amendments are required before the new regime begins.

Unfair Dismissal Qualifying Employment  - 01 January 2027

From the 1^st January 2027 an employee who has been employed for 6 months or more has the right to make a claim for unfair dismissal.

This is a significant change which is likely to catch many employers and managers out, therefore it is important to take action now.

• Review your contractual probation periods – reduce to 3 -4 months maximum.
• Update your disciplinary and dismissal policies and procedures.
• Train managers on the new rules and importance of probation periods.

We have a variety of training courses and the next is on the 23^rd September at 10:30am - £76.55 per person 

You can book online here now: https://www.eventbrite.co.uk/e/1988753783101?aff=oddtdtcreator  

Dismissal and Rehire will be automatically unfair  - 01 January 2027

From the 1^st January 2027 if you dismiss an employee and then offer to reemploy them with the purpose of changing their terms of employment it will be automatically unfair.

This will significantly reduce an employers ability to change contract terms without an employee’s consent to the changes.

Action you need to take:

• Review terms of employment now.
• Start a consultation and make any major changes to employment terms.
• Train managers on the changes to the law and risks of firing and rehiring.

Seafarers’ (Wages and Working Conditions) Regulations  - 01 December 2026

New regulations for seafarers which increase standards around health and safety, pay, job security and rest breaks.

If you operate in this sector, it is important to review and take action to comply now.

Tipping

Employers whose employees receive tips will need to take further steps to ensure fairness of their tipping policy, including a requirement to consult with employees or representatives before creating or reviewing a tipping policy.

Employers will also have to share an anonymised summary of consultation feedback with affected workers and update their tipping policy at least every 3 years.

Adult Social Care Negotiating Body  - October 2026

This will start in October and if you operate in this sector, it is important to be aware and understand how this will impact you.

Increased protection against detriment for industrial action  - October 2026

There will be an increase to the protection for workers who take part in industrial action. So that they must not be treated less favourably by their employer.

We can assist you to ensure that you are complying with the new laws and that your managers are trained and able to respond appropriately. If you would like more information, please do not hesitate to get in touch – 01983 897003.