The Government has revised its timetable for implementation of the remaining reforms that are set to be introduced under the Employment Rights Act 2025 during 2026 and 2027.
Key changes include:
- Confirmation that changes to electronic and workplace balloting for statutory trade union ballots will take effect by 31 August 2026, (electronic and workplace balloting measures for recognition and derecognition ballots will take effect in 2027)
- On 1 October 2026 the time limit for bringing a claim to the Employment Tribunal will increase from 3 to 6 months (this was previously expected ‘no earlier than October’). For breach of employment contract claims in Scotland this change will be delayed until 9 November 2026.
We now have an exact date for implementation of trade union and harassment measures that were expected in October 2026. The following reforms are set to come into force on 30 October 2026:
Trade unions
- the duty to inform workers of their right to join a trade union
- strengthening trade unions’ right of access
- implementing reforms to access and unfair practices during the recognition and derecognition process, and all remaining trade union recognition measures, including freezing the bargaining unit when an application is received
- new rights and protections for trade union representatives
- extending protections against detriments for taking industrial action.
Harassment
- requiring employers to take ‘all reasonable steps’ to prevent sexual harassment of their employees
- introducing an obligation on employers not to permit the harassment of their employees by third parties
- introducing a power that will enable the Government to make regulations ‘at a later date’, specifying evidence-based steps which employers must take to prevent sexual harassment. Regulations were expected to be introduced in 2027 so we will have to wait and see when these will be produced.
One measure that has been significantly delayed is the strengthening of tipping law which was included with October 2026 changes but is now due to take effect ‘by the end of 2026’.
