Paul McGowan is Managing Partner at specialist employment law firm, Collingwood Legal. Paul outlines the key changes to employment law rights for the remainder of 2026.
Employment Rights Act 2025 changes this autumn:
Employers may feel that 2026 has already delivered more than its fair share of employment law reforms. A series of significant reforms will take effect during the autumn period, and employers are advised to prepare now.
Trade union ballots
From 25 August 2026, electronic and workplace voting will become available for statutory trade union ballots, moving away from the previous reliance on postal voting. This measure is expected to simplify the process for trade union members to participate which could increase turnout and make the balloting process quicker and more accessible.
Increase in the time limit to bring a tribunal claim
A particularly important change is set to arrive on 1 October 2026, which will increase the time limit to bring most types of claims in the employment tribunal from three to six months.
The practical consequences for employers could be significant, in particular:
workplace disputes may remain “active” for considerably longer;
employers may need to extend their retention of documents and witness evidence following dismissals, grievances and other disputes; and
there will be additional time for settlement discussions before claims must be lodged to the employment tribunal.
With this change in mind, we may see that it could lead to a possible increase in the overall number of tribunal claims.
Further trade union updates
A substantial package of further changes to trade unions are set to come into force on 30 October 2026.
These changes include:
a new duty on employers to inform workers of their right to join a trade union;
strengthening trade unions rights of access to workplaces;
updating the statutory union recognition and derecognition process;
new rights and protections for trade union representatives; and
enhanced protection for workers from detrimental treatment as a result of participating in industrial action.
These reforms are important even for businesses which have traditionally had little or no trade union involvement.
We are working with employers to ensure that they understand the new landscape to be ready to respond to an approach from a union or request for workplace access.
Sexual harassment prevention duties and a higher standard for employers
From 30 October 2026, employers will face stronger obligations to prevent sexual harassment.
The existing duty to take “reasonable steps” will be strengthened to require employers to take “all reasonable steps” to prevent sexual harassment of employees.
The Employment Rights Act 2025 also reintroduces employer liability for third-party harassment across all protected characteristics. Employers should therefore consider risks posed by third parties, such as customers, clients, contractors, service users and members of the public.
Merely including an anti-harassment policy in the staff handbook will not be sufficient.
Employers should consider:
carrying out meaningful workplace risk assessments;
providing regular and effective training;
ensuring managers understand their responsibilities;
providing effective reporting channels; and
investigating complaints properly and promptly.
Take action before the changes take effect
The direction of travel is clear that there will be greater employee protection, stronger trade union rights and increased responsibility on employers.
For employers, the sensible approach is therefore to use the remaining weeks before the changes come into play this Autumn to review policies, procedures and focus on management training.
Delaying action until the changes take effect may prove significantly more costly than preparing for them proactively.
Collingwood Legal is a specialist employment law firm and provides expert advice and training to organisations on all areas of employment law.
www.collingwoodlegal.com