October is a busy time in the world of employment law. This update is to make businesses aware of what has changed at the start of the month and to prepare for what else is changing at the end of the month.
From 1 October 2026: Employment Tribunal time limits doubled from 3 to 6 months
This is particularly significant for claims such as:
- Unfair Dismissal;
- Discrimination;
- Whistleblowing;
- TUPE; and
- Working Time claims.
The practical effect of this change is substantial for employers. Employees will have considerably longer to consider and start legal proceedings, meaning that employers potentially remain exposed to claims for longer after a dismissal, grievance or workplace incident.
Good document retention and contemporaneous evidence therefore become even more important.
Checklist for employers
☐ Brief HR and managers
Make sure those managing dismissals, grievances, disciplinaries and workplace complaints understand the longer potential claims window.
☐ Review record-retention arrangements
Check that HR records, emails, meeting notes, investigation documents, warnings and decision-making records will remain available if a claim is brought several months later.
☐ Improve contemporaneous record keeping
Remind managers to document employment decisions clearly, including the reasons for decisions and relevant supporting evidence.
☐ Review current disputes carefully
Do not assume that every existing 3 month deadline has automatically become 6 months. The commencement date and, where relevant, the timing of a series of alleged acts need to be considered.
☐ Update HR guidance and precedents
Identify policies, template letters, training materials and internal guidance that still refer to a standard 3 month Employment Tribunal limitation period.
From 30 October 2026: a variety of reforms will be introduced
- Stronger sexual harassment duty
Employers will be required to take “all reasonable steps” to prevent sexual harassment of employees, strengthening the existing requirement to take “reasonable steps”.
- Third-party harassment
Employers will also be obliged not to permit employees to be harassed by third parties, for example customers, clients or suppliers. This duty is separate from the sexual-harassment preventive duty.
- Trade union reforms
There is anew legal right for independent trade unions to access workplaces with 21 or more staff and engage with workers (physically or virtually) together with additional protection for staff against detriment connected with taking industrial action.
Checklist for employers
Sexual harassment prevention
☐ Review anti-harassment policies
The duty to take “reasonable steps” to prevent sexual harassment will strengthen to a requirement to take “all reasonable steps”.
☐ Review workplace harassment risks
Current guidance identifies risk assessments, effective training, appropriate reporting channels and reviewing whether preventative measures are working as practical considerations.
☐ Review manager and employee training
Ensure the organisation’s approach goes beyond simply having a written policy and supports the preventative measures identified following its risk assessment.
Third-party harassment
☐ Identify third-party risks
Pay particular attention to employees who interact with customers, clients, suppliers, contractors or members of the public.
☐ Review reporting and response procedures
Ensure employees know how to raise any concerns involving third parties and that the organisation has an appropriate process for responding.
Trade unions
☐ Prepare for new trade union rights
Familiarise HR and managers with the changes, including new workplace access rights and further rights concerning workplace representatives.