The Employment Rights Act 2025 (ERA 2025) introduces a wide range of employment law reforms that come into force in stages during 2026 and 2027. This article focusses on the amendments to the law coming into effect on 30 October 2026 and what they mean for employers. For HR teams, the most notable changes are the strengthening of the duty to prevent workplace sexual harassment and the wider reforms affecting trade union rights of access to the workplace.
Employers should review their contracts, policies and procedures so that they are prepared for the new legal requirements. Jones Chase can assist with this, if needed.
Key dates at a glance
- 1 October 2026: the primary time limit for bringing most employment tribunal claims increased from three months to six months. We have written a previous article on this topic here.
- 30 October 2026: the strengthened duty to prevent sexual harassment, the reintroduction of third-party harassment protection and new trade union access rights all take effect.
- During 2027: further reforms, including changes to unfair dismissal law, a right to guaranteed hours for some low and zero hours workers and changes to the law regarding contract variations.
Workplace sexual harassment: a stronger duty to prevent
A significant reform for employers is the amendment to section 40A of the Equality Act 2010. From 30 October 2026, the current duty to take “reasonable steps” to prevent workplace sexual harassment will be strengthened and employers will instead be required to take “all reasonable steps” to prevent sexual harassment occurring.
This builds on the preventative duty introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force in October 2024. The Employment Rights Act 2025 raises the standard further by requiring employers to demonstrate that they have taken comprehensive and proactive measures to reduce the risk of harassment before incidents occur.
The change reflects the Government’s continued emphasis on prevention rather than responding only after complaints of sexual harassment have arisen. Employers will be expected to identify risks across their business, put appropriate preventative measures in place and regularly review how effective those measures are.
The consequences of failing to comply
Failure to comply with the strengthened duty may have significant consequences. Where a sexual harassment claim succeeds and the employer is found to have failed to comply with the preventative duty, an employment tribunal will have the power to increase the compensation awarded by up to 25%. Employers may also face investigation and enforcement action by the Equality and Human Rights Commission (EHRC).
Regulations on what “all reasonable steps” means
The Employment Rights Act 2025 also gives the Government the power to introduce regulations specifying what may amount to “all reasonable steps”. Although these regulations are not expected until 2027 or 2028, following consultation, they are intended to give employers greater clarity on how compliance will be assessed in practice.
Draft proposals indicate that employers may be expected to:
- carry out workplace risk assessments in relation to sexual harassment;
- implement and regularly review anti-harassment policies;
- establish effective reporting procedures;
- ensure complaints are investigated appropriately; and
- provide suitable training for managers and staff.
The Government has also consulted on wider issues, including workplace culture, reporting mechanisms and how expectations should vary depending on the size and nature of an organisation.
Third-party harassment
Another important change taking effect on 30 October 2026 is the reintroduction of protection against third-party harassment. This covers sexual harassment and harassment related to any protected characteristic. After this date, employers may be liable where they fail to take all reasonable steps to prevent their employees from being harassed by third parties, such as customers, clients, contractors or service users. Employers will be liable where they have ‘permitted’ such harassment. Employers will be judged to have ‘permitted’ harassment if they fail to take ‘all reasonable steps’ to prevent the harassment.
This is particularly relevant for employers in customer-facing sectors, including hospitality, retail, healthcare and transport, where employees regularly interact with members of the public. Employers should therefore ensure that their policies, reporting procedures and staff training address not only harassment by colleagues but also inappropriate behaviour from third parties.
New trade union rights to access workplaces
From 30 October 2026, independent trade unions will be able to request access to workplaces, whether physical access, digital access, or both. The right is to seek access for specified purposes only, including recruiting, organising, supporting and representing workers. It cannot be used to organise industrial action. This right applies to businesses with 21 or more workers.
Significantly, unions will be able to request access even where an employer does not officially recognise the union or have any union members among its staff.
A new Code of Practice: Right of Trade Unions to Access Workplaces, comes into force on 30 October 2026. Under the Code, employers and unions are encouraged to reach a voluntary access agreement. Regulations set out what must be included in an access request and in an employer’s response. Employers should be aware that the maximum penalty for non-compliance with the new statutory access arrangements can rise to as much as £500,000.
Wider trade union and industrial relations reforms
The Act introduces a number of other trade union rights which come into effect from 30 October 2026. The Act will also strengthen the statutory trade union recognition and derecognition process and introduce greater protections against unfair practices during recognition campaigns.
The reforms expand rights for trade union officials, learning representatives and union equality representatives by introducing new or enhanced rights to “facility time” and time off to carry out their representative functions. An updated Code of Practice in relation to these rights will be brought into effect. This includes a new right to time off for union equality representatives. In addition, new protections against detriment for workers taking lawful industrial action will come into force, further strengthening employee protections in the workplace.
The changes also include a right for all workers to receive information about their right to join a union. This right applies from 1 January 2027.
The 30 October 2026 implementation date also includes provisions establishing the legislative framework for the Fair Pay Agreement Adult Social Care Negotiating Body, as well as measures relating to the public sector outsourcing two-tier workforce code. Some of these reforms will require further regulations before they become fully operational, but employers should be aware of the wider package of changes introduced by the Act.
What employers should do now
Although some of the detailed regulations are still to follow, employers should not delay preparing for the October 2026 reforms. Organisations should review their existing anti-harassment policies, reporting procedures, workplace training and risk assessments to ensure they remain effective and reflect the higher standard imposed by the new duty.
Employers should also monitor the publication of secondary legislation and updated Government guidance, as these will provide greater clarity on the practical steps expected to demonstrate compliance.
Impact for employers of the 30 October 2026 changes
The reforms bring both opportunities and challenges for employers.
Benefits: A clearer framework and a stronger focus on prevention can help employers reduce the risk of harassment arising, improve workplace culture and lower the likelihood of costly claims over time. Organisations that prepare early may also strengthen their reputation as responsible employers, which can support recruitment and retention, together with improving their position in the marketplace.
Challenges and tactical considerations: The higher “all reasonable steps” standard in relation to preventing sexual harassment increases the compliance burden on employers and places greater emphasis on providing training and having documented evidence, such as risk assessments, up-to-date policies, effective reporting channels and records of training.
The reintroduction of third-party harassment liability means employers should review their contracts with third parties and consider how to address, and where possible apportion, this risk.
The new trade union access rights will require employers with 21 or more workers to prepare internal protocols for responding to access requests.
Impact for employees of the 30 October 2026 reforms
Benefits. Employees will benefit from stronger protection against sexual harassment, including harassment by third parties and from a clearer expectation that employers take active steps to prevent it. Wider trade union reforms are intended to improve access to representation and support in the workplace, and new protections against detriment for taking lawful industrial action strengthen employee rights.
Considerations. It is worth noting that an employee generally cannot bring a standalone claim for breach of the preventative duty. A tribunal considers the duty where a sexual harassment claim has already succeeded.
Conclusion
The Employment Rights Act 2025 represents one of the most significant developments in UK employment law in years. While the strengthened duty to prevent workplace sexual harassment and the introduction of third party liability will have the greatest day-to-day impact for most employers, the October 2026 implementation also introduces wider reforms affecting trade union rights, industrial relations and workplace protections.
By taking steps now, employers will not only achieve legal compliance but also help to create safer, more respectful and more inclusive workplaces. Jones Chase will be providing further information on the 2027 changes in separate articles to come, including in relation to the introduction of a right to guaranteed hours for some low and zero hours workers and changes to employers’ rights to make contract variations.
If you have any questions about how the Employment Rights Act 2025 will affect your organisation, please contact Jones Chase for professional legal advice. We can provide guidance via our Sexual Harassment Toolkit and can also design a tailored Employment Rights Act 2025 Compliance Package for you.
Frequently asked questions
When do the Employment Rights Act 2025 changes come into force?
The reforms are being introduced in stages. The strengthened duty to prevent sexual harassment, the reintroduction of third-party harassment protection and new trade union access rights all take effect on 30 October 2026. The changes to unfair dismissal law come in from 1 January 2027. The changes to guaranteed hours for some low and zero hours workers, are expected during 2027.
What does the duty to take “all reasonable steps” to prevent sexual harassment mean for employers?
From 30 October 2026, employers must take “all reasonable steps” to prevent sexual harassment, a higher standard than the current duty to take “reasonable steps”. In practice, this means being able to demonstrate proactive measures such as risk assessments, up-to-date anti-harassment policies, effective reporting procedures, appropriate investigation of complaints and suitable training for managers and staff. Where a sexual harassment claim succeeds and the preventative duty has been breached, a tribunal can increase compensation by up to 25% and the EHRC can take enforcement action.
What are the new trade union workplace access rights?
From 30 October 2026, independent trade unions can request physical and/or digital access to workplaces at businesses with 21 or more workers, even where the union is not recognised and has no members among the workforce. Access can be requested for purposes such as recruiting, organising, supporting and representing workers, but not to organise industrial action. A new Code of Practice encourages employers and unions to agree access voluntarily and the maximum penalty for non-compliance with the statutory arrangements can rise to as much as £500,000.
If you are interested in receiving our support to comply with the new law and protect your business, please contact us – info@joneschase.com / 02038379914 – to find out more.
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