October 2026 marks another important stage in the rollout of employment law reform for UK employers. With changes to Employment Tribunal time limits taking effect from 1 October, followed later in the month by significant new duties relating to sexual harassment, third-party harassment and trade union rights, businesses should be using September to prepare.
The Employment Rights Act 2025 (“ERA 2025”) is being introduced in stages, with further reforms scheduled for 2027. However, the changes arriving this October will require employers to review not only their policies and procedures, but also how effectively those policies operate in practice. The key question is therefore not simply, “What is changing?”, but “Is our organisation ready?”
This month, we outline a practical checklist to help employers prepare.
1. Review Your Anti-Harassment Policies
From 30 October 2026, all employers will be required to take all reasonable steps to prevent sexual harassment of their employees. This raises the standard from the existing requirement to take reasonable steps.
The ERA 2025 will also introduce employer liability for third-party harassment of employees by third parties, unless the employer has taken all reasonable steps to prevent it.
As a result, September is the ideal time to review:
- Anti-bullying and harassment policies
- Sexual harassment policies
- Grievance procedures
- Disciplinary procedures
- Staff codes of conduct
- Customer and visitor behaviour policies
It is not sufficient to simply update the wording of an existing policy and assume the job is complete. Consider where employees may encounter third-party harassment, such as from customers, clients, suppliers, contractors or members of the public. Then put appropriate preventative measures in place.
2. Carry Out a Workplace Harassment Risk Assessment
The requirement to take “all reasonable steps” means employers will need to do more than simply having a policy stored on an intranet. Consider where risks may arise across your organisation, including:
- Customer-facing and lone working roles
- Remote and hybrid working
- Work-related social events and business travel
- Client meetings and networking events
- Online communication
- Seniority and power imbalances
The aim is to identify foreseeable risks and introduce proportionate preventative measures in place. For example, staff working alone with customers may need a clear escalation process. Employees attending client events may need guidance on reporting inappropriate behaviour. Similarly, managers should understand how to respond when a complaint involves a customer or another third party.
Employers should also document the steps they take. If a problem later arises, evidence of risk assessment, training and preventative action may be extremely important.
3. Train Managers Before the Rules Change
Managers are often the first people to receive concerns so their response can significantly affect both the employee experience and the organisation’s legal risk.
Before October, managers should understand:
- What harassment can look like
- How to respond to complaints
- When to escalate matters
- How to handle third-party harassment
- Why complaints should not be dismissed as “banter”
- How to avoid victimisation or retaliation
Training should be practical and relevant to your workplace rather than a tick-box exercise.
4. Prepare for Longer Employment Tribunal Time Limits
From 1 October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months to six months. Employers should therefore review how long they retain relevant documentation and avoid assuming that the risk of a claim has passed after three months.
September is therefore a good time to review:
- Investigation records
- Grievance and disciplinary files
- Exit documentation
- Settlement discussions
- Manager notes
- Relevant emails and communications
Accurate record-keeping will become even more important when decisions may need to be defended months later.
5. Check Your Approach to Trade Union Rights
A further package of trade union measures is also due to take effect on 30 October, including a duty to inform workers of their right to join a trade union and strengthened rights relating to union access and representatives.
Employers should review:
- New starter information
- Employee handbooks
- Recruitment and onboarding processes
- Policies affecting union activity
- Manager training
- Existing relationships with trade union representatives
Even businesses without a recognised trade union should ensure their documentation and practices are ready.
6. Review Your Onboarding Documentation
The new duty to inform workers of their right to join a trade union means employers should review employment contracts, induction materials, handbooks and new starter information.
Consider whether updates are needed to:
- Offer letters
- Contracts and written statements
- Employee handbooks
- Induction materials
- Staff intranet content
- New starter checklists
This is also a sensible opportunity to review employment status more broadly. The government advises employers and other engagers to consider employment status carefully and keep it under review to ensure it reflects the reality of the working relationship.
A September audit can therefore identify both immediate October requirements and wider compliance gaps.
7. Review Tipping Arrangements If They Apply to Your Business
Employers in sectors where tips and service charges are relevant should also monitor the October changes.
Acas states that employers will need to consult workers or their representatives before creating a tipping policy under the updated legal framework.
Hospitality, leisure and other customer-facing businesses should therefore check whether their existing approach to tips is documented, transparent and properly communicated.
Your September 2026 Employer Checklist
- Review anti-harassment and sexual harassment policies
- Identify risks of third-party harassment
- Carry out or refresh harassment risk assessments
- Update reporting and escalation procedures
- Train managers on handling harassment concerns
- Refresh employee awareness and training
- Review document retention practices ahead of longer Tribunal limitation periods
- Audit onboarding documents and employee handbooks
- Prepare for the duty to inform workers of their right to join a trade union
- Review existing trade union arrangements and manager guidance
- Check tipping policies and consultation arrangements where relevant
Preparing Your Business for What Comes Next
October 2026 is not simply another date for employers to add to the calendar; it marks an important step towards greater employer responsibility, particularly in preventing harassment and managing workplace disputes.
With further ERA reforms scheduled throughout 2027, employers should view October as part of a wider programme of change rather than a one-off compliance exercise.
Need help preparing for the October 2026 employment law changes? Our specialist employment lawyers at Witan Solicitors provide practical, commercially focused advice to help your business understand the changes and prepare with confidence. From reviewing policies and procedures to supporting managers with workplace issues, we can help you put the right measures in place. Contact Witan Solicitors on 0300 303 2071 or via our contact form to make sure your organisation is prepared.
