Various changes under the Employment Rights Act 2025 will be coming into effect this month.
As of 1 October 2026, the time limit to bring a claim in the Employment Tribunal has increased from 3 months less one day to 6 months less one day, giving employees a further three months to bring a claim. This will reduce the time pressure employees are under when facing this situation, particularly when acting as a litigant in person, and may even assist with settlement discussions prior to a claim being issued when considering the limited time currently available for Early Conciliation with ACAS, who are currently taking approximately 9 weeks to appoint a conciliator. For Scotland, this change will take place on 9 November 2026.
Later in the month, there will also be changes to trade union measures, in addition to the changes in voting earlier this year. Trade unions will have a strengthened right of access, being permitted to access workplaces and engage with workers (virtually or in-person). This right of access can be negotiated with employers, and if no agreement can be reached, the Central Arbitration Committee (CAC) can decide whether access should be granted.
In addition, if a trade union is not recognised by an employer, it can apply to the CAC for statutory union recognition. The union must show it has support from workers, but if it is statutorily recognised by the CAC for three years, an employer or group of workers may apply to have the union de-recognised, typically through a statutory de-recognition ballot. An updated Code of Practice will come into effect on 30 October, giving practical guidance on these matters.
From the same date, trade union workplace representatives will also have strengthened rights to paid time off and facilities to fulfil their duties, for which there will also be an updated Code of Practice. In addition, employers will be prohibited from treating workers unfairly or imposing detriments, if the main purpose is to penalise, prevent or deter the worker from taking protected industrial action.
At the end of the month there will be changes to sexual harassment measures, including a change which means employers must take ‘all reasonable steps’ to prevent harassment in the workplace, as opposed to ‘reasonable steps’ alone. Employers must not permit third parties to harass their employees, including customers, clients, service users, self-employed consultants, people at conferences or events and other members of the public. A power will also be introduced enabling the minister to specify evidence-based steps that employers must take in this regard.
Finally, for October 2026, regulations will be brought forward to establish the Fair Pay Agreement Adult Social Care Negotiating Body. This body will bring together trade
unions and employers to negotiate on behalf of the sector, and through this body, care providers and workers will have voting rights on various issues, including pay and terms and conditions.
Should you require advice on the changes on limitation periods, trade unions or the Fair Pay Agreement Adult Social Care Negotiating Body, our Employment team at Curzon Green are here to help at employment@curzongreen.co.uk or by calling one of our offices.