From October 2026, several changes from the Employment Rights Act 2025 start to apply. The two that matter most for most small employers are the longer window for employment tribunal claims, which starts on 1 October 2026, and a stronger duty to prevent sexual harassment at work, which starts on 30 October 2026. A third change, a much shorter qualifying period for unfair dismissal, follows on 1 January 2027. As of October 2026, these are the dates set out in GOV.UK’s implementation timeline , and they can still move if Parliament changes the timetable.
This guide explains what each change means in plain terms, what you should check now, and what you can leave for later.
The key dates at a glance
| Date | What changes | Who it affects |
|---|---|---|
| 1 October 2026 | Most employment tribunal claims can be brought within 6 months instead of 3 (England and Wales) | Employees and employers |
| October 2026 | Trade unions gain new rights to access workplaces, including for recruitment | Employers with 21 or more workers |
| 30 October 2026 | Employers must take “all reasonable steps” to prevent sexual harassment, and must stop third parties from harassing staff | All employers |
| 1 January 2027 | Unfair dismissal qualifying period falls from 2 years to 6 months, and the cap on the compensatory part of an award is removed | Employees and employers |
What is the tribunal time limit change?
Before this change, most employment tribunal claims had to be started within three months of the event, such as a dismissal or an unlawful deduction from pay. From 1 October 2026, the standard limit for most claims in England and Wales becomes six months.
The change matters to small businesses in two ways. First, a worker can now take longer to decide whether to bring a claim, so a problem you thought was closed may still be raised months later. Second, you may need to keep records for longer. A reasonable approach is to keep HR files, rotas, payslips and written decisions for at least as long as a claim could be made.
For breach of contract claims in Scotland, GOV.UK gives a different start date of 9 November 2026. The business.gov.uk guide to tribunal time limits explains the basic rule. Some law firm summaries describe the Scottish change as a single date, so if your question involves a claim in Scotland, check which type of claim is involved.
What is the harassment duty change?
Under the Equality Act 2010, employers already have to protect staff from harassment. The Employment Rights Act 2025 raises the bar for sexual harassment. From 30 October 2026, the duty changes from taking “reasonable steps” to taking “all reasonable steps” to prevent it.
The change also covers harassment by people outside your business. Customers, clients, contractors, patients and members of the public are examples. From the same date, an employer can be held responsible for harassment by a third party if it has not taken all reasonable steps to prevent it. This is the part that tends to catch employers out, particularly in shops, care settings, hospitality, and any job where staff meet the public.
Acas’s guidance on the harassment duty suggests three practical areas to focus on:
- Policies: Review your harassment and bullying policy and make sure it covers third parties, not just staff.
- Risk assessment: Think about where staff are most likely to meet harassment from outside the business, such as home visits, late shifts or events.
- Training and communication: Brief managers and front-line staff on what to do, and tell regular customers or contractors what behaviour you will not accept.
Acas also points to practical measures such as customer signage, security arrangements, and reviewing contracts with suppliers and clients. Nothing in the law gives a fixed checklist, so the right steps depend on your workplace. The key is to show that you acted early and kept a record of it.
What about trade union rights?
From October 2026, trade unions get new rights to access workplaces, both in person and online, to meet and organise workers. Business.gov.uk lists this change, and a law firm summary says employers with fewer than 21 workers are exempt from these access rights. If you have 21 or more staff, check whether a union has asked for access and how you would respond.
What is changing for unfair dismissal?
From 1 January 2027, an employee can bring an unfair dismissal claim after six months of service instead of two years. GOV.UK also says the cap on the compensatory part of an unfair dismissal award is being removed.
This means that a short probation period no longer protects you from an unfair dismissal claim. Dismissals of staff who have worked for six months or more will need a fair process, a genuine reason, and a clear record of how you reached the decision. The removal of the cap also means that the financial risk of getting it wrong may be higher.
If you have a probation period, check your contracts and policy now. Make sure your probation review is documented and that you give feedback early and in writing.
A practical checklist for October to January
Work through these steps before the end of October 2026:
- Read your harassment and bullying policy. Add third parties, state what you expect from them, and say how staff should report incidents.
- Look at the places where staff are most exposed, and note what you already do to reduce risk.
- Brief your managers. Make sure they know the new standard and how to respond to a report.
- Check your record keeping. Make sure HR files and disciplinary records are complete and stored securely.
- Review your probation and dismissal process ahead of 1 January 2027.
- Check whether any union has contacted you, and keep a note of any requests for access.
Common questions
Does the tribunal time limit change apply to claims about past events?
The change affects the time limit for bringing a claim from 1 October 2026 onwards. It is unlikely to revive a claim that was already out of time under the old three-month limit. If you are dealing with a live issue, take advice on the exact dates involved.
Does the harassment duty apply to small businesses?
Yes. The duty applies to all employers, regardless of size. A small employer may need fewer formal steps than a large one, but it still needs to take the steps that are reasonable for its size and risks.
Do I need to change my contracts in October?
Not necessarily. The harassment duty is about your policies and actions. Your contracts may need updating if you rely on probation periods, or if you want to make clear what you expect from staff who meet customers. Check the changes with your legal adviser before you make any formal changes.
Who is affected by the unfair dismissal change?
Employees who have been with you for at least six months from 1 January 2027 can bring an unfair dismissal claim, if they meet the other conditions. Employers should plan for this change in any dismissal decision made from that date.
Where can I check the dates?
The GOV.UK timeline is the best place to check. It notes that dates can change, so check it again before you rely on a specific date. Acas and the government’s business guidance also explain the changes in more detail.
Key points
- The tribunal time limit for most claims in England and Wales rises from 3 to 6 months on 1 October 2026.
- From 30 October 2026, employers must take “all reasonable steps” to prevent sexual harassment, including harassment by third parties.
- Unfair dismissal protection starts after 6 months of service from 1 January 2027.
- Review your harassment policy, brief managers and keep your records up to date now.
- Dates are as of October 2026 and may change.
Where to go next
If you want a second opinion on your policies, Solved HR is an HR consultancy in Daventry that supports small businesses and charities with handbooks, policies and employment law questions. For a decision that could lead to a dismissal or a tribunal claim, take advice from a qualified employment solicitor or Acas before you act.