October 2026 is the busiest month yet for the Employment Rights Act 2025. One change took effect on 1 October. Several more arrive on 30 October. And the biggest change of all, six-month unfair dismissal rights, follows on 1 January 2027.
For most office-based businesses, these changes mean updating a policy or two. For care homes, home care providers, hotels, restaurants and event venues, they go further. Your staff spend every shift with residents, patients, families, guests and customers. From 30 October 2026, how you protect them from those people becomes a legal duty, not just good practice.
This guide explains what the Employment Rights Act October 2026 changes are, what they mean for frontline employers, and the practical steps to take in the next four weeks.
This article is general information, not legal advice. For decisions about specific cases, speak to an employment solicitor or contact Acas.
The Employment Rights Act October 2026 changes at a glance
| Date | Change | Who it affects most |
|---|---|---|
| 1 October 2026 | Employment tribunal time limits rise from three months to six months for most claims | Every employer |
| 30 October 2026 | Duty to take “all reasonable steps” to prevent sexual harassment | Every employer |
| 30 October 2026 | Employers liable if they fail to protect staff from harassment by third parties such as customers and service users | Care, healthcare, hospitality, retail |
| 30 October 2026 | Duty to tell workers about their right to join a trade union, plus new union access rights | Every employer |
| 1 January 2027 | Unfair dismissal qualifying period falls from two years to six months; fire-and-rehire protections begin | Every employer, especially high-turnover sectors |
The rest of this guide takes each change in turn.
1. Tribunal time limits have doubled to six months (live from 1 October 2026)
Until now, most employment tribunal claims had to be started within three months less one day of the act being complained about. From 1 October 2026, that window is six months for most claims, including unfair dismissal, discrimination and unlawful deductions from wages. The change was brought in by The Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026.
Which cases does it apply to?
The new limit applies where the relevant date, usually the date of dismissal or the act complained of, falls on or after 1 October 2026. Ongoing conduct can be harder to date, so an earlier incident may still be caught if it forms part of a continuing pattern.
Why it matters more than it sounds
Acas early conciliation pauses the clock. That pause was extended to 12 weeks in December 2025. Add a six-month limit, and a former employee could bring a claim close to 10 months after leaving.
For care and hospitality employers, where staff turnover is high and managers move on quickly, that creates a real evidence problem. By the time a claim lands, the manager who made the decision may have left, and rotas, messages and CCTV may be gone.
What to do now
- Extend how long you keep disciplinary, grievance and dismissal records
- Write down the reasons for decisions at the time, not later
- Collect witness contact details before staff leave
- Review CCTV and messaging retention so footage is not wiped too early
- Make sure exit processes capture any complaints raised on the way out
2. Sexual harassment: from “reasonable steps” to “all reasonable steps” (from 30 October 2026)
Since October 2024, the Worker Protection Act 2023 has required employers to take reasonable steps to prevent sexual harassment. From 30 October 2026, the Employment Rights Act raises the bar: employers must take all the steps that are reasonable for their organisation to prevent sexual harassment, according to GOV.UK’s business guidance.
The word “all” matters. Doing some sensible things will no longer be enough if there were other reasonable steps you could have taken and did not. The government also has powers to set out specific steps employers must take in future regulations.
What “all reasonable steps” looks like in practice
What is reasonable depends on your size, sector and type of work. Acas points to measures such as:
- A written harassment policy that staff actually know about
- A risk assessment of where and when harassment is likely
- Training for staff and managers
- Clear, safe ways to report concerns, including anonymously
- Monitoring and recording incidents so patterns are spotted
- Updating contracts and terms with third parties
- Physical measures such as alarms or cameras where appropriate
A care provider with lone workers visiting homes at night will need different steps from a small café. The test is whether you have done everything reasonable for your setting.
3. Third-party harassment: the change frontline employers cannot ignore (from 30 October 2026)
This is the most significant October change for AESN’s core sectors. From 30 October 2026, employers must not permit the harassment of their employees by third parties, such as customers and clients. The protection covers harassment related to protected characteristics under the Equality Act 2010, apart from pregnancy and maternity and marriage and civil partnership. It applies in England, Wales and Scotland, not Northern Ireland.
Acas defines a third party as “anyone a worker is in contact with through work” who does not work for you. That includes customers, clients, service users, contractors, event attendees and members of the public, online or in person.
What this means in care and healthcare
Care workers and healthcare assistants regularly face verbal abuse, racist comments or unwanted sexual behaviour from service users or their relatives. Some of this is linked to dementia or other conditions, which makes it complex. The new law does not change your duty of care to residents. It does mean you must take all reasonable steps to protect staff too.
Practical examples:
- Recording known risks in care plans and sharing them with every worker, including agency staff, before a shift
- Pairing staff or changing allocations where a resident has a pattern of harassing behaviour
- Setting clear expectations with families and visitors, for example in visiting policies
- Giving lone home care workers a way to raise an alarm and leave unsafe situations
- Debriefing staff after incidents and logging them, not treating them as “part of the job”
What this means in hospitality
Bar staff, waiters, hotel housekeepers and event staff face harassment from guests, often late at night and sometimes involving alcohol. Examples of reasonable steps include:
- Visible notices that harassment of staff will not be tolerated
- A clear policy for refusing service or removing guests
- Never sending housekeeping staff alone into rooms where a guest has behaved inappropriately
- Making sure supervisors back staff who report guest behaviour
- Including conduct expectations in event and corporate booking terms
What about agency workers?
If you use temporary staff, both you and your recruitment agency have a part to play. Agree in writing who carries out risk briefings, how incidents are reported, and who follows them up. A worker who has never been told about a known risk on site is poorly protected, whoever their employer is.
4. Trade union rights: new information duty and access (from 30 October 2026)
From 30 October 2026, employers must inform workers of their right to join a trade union. The exact content, form and frequency of that statement are still to be confirmed in regulations. New rights also let unions request access to workplaces, physically and by digital communication, to meet, recruit and represent workers. Disputes over access go to the Central Arbitration Committee.
For adult social care in England, the Act also creates a framework for a Fair Pay Agreement, negotiated through a new Adult Social Care Negotiating Body. Care employers should follow GOV.UK and Skills for Care announcements as the details develop.
What to do now
- Prepare to add right-to-join wording to written statements of particulars and onboarding packs once the format is confirmed
- Brief managers on how to respond to an access request
- Avoid any action that could look like discouraging union membership
5. Looking ahead: six-month unfair dismissal rights from 1 January 2027
The October changes are a warm-up for January. From 1 January 2027, the qualifying period for ordinary unfair dismissal falls from two years to six months, and the cap on the compensatory award is due to be removed. Protections against fire and rehire, where staff are dismissed for refusing changes to core terms such as pay, hours or holiday, also begin.
Any employee who already has six months’ service on 1 January 2027 will gain protection that day. That means anyone who started on or before 1 July 2026 is already on track.
For care and hospitality employers, that changes how probation works. Six months becomes the real decision point. Good hiring is now a compliance issue as well as an operational one.
How to prepare
- Review probation periods and make sure reviews happen on time, with notes
- Train managers to address performance early, not at month five
- Tighten selection: right to work, references, DBS checks for regulated roles and realistic job previews
- Use temporary-to-permanent routes where you want longer to assess fit
Your October 2026 employer checklist
Use this checklist to work through the changes before 30 October.
- Extend retention of HR records, CCTV and messages to cover a six-month-plus claim window
- Update your sexual harassment policy to reflect the “all reasonable steps” duty
- Add third-party harassment to the policy, with examples relevant to your setting
- Complete or refresh a harassment risk assessment covering service users, families, guests and contractors
- Train managers and supervisors on handling reports, including from agency staff
- Set up a simple incident log and review it monthly
- Update visitor policies, guest terms and booking terms
- Agree harassment briefing and reporting responsibilities with your recruitment agency
- Prepare right-to-join-a-union wording for contracts and onboarding
- Review probation processes ahead of 1 January 2027
What the changes mean for care workers and hospitality staff
If you work in care, healthcare or hospitality, these changes strengthen your position:
- More time to act. If you are dismissed or treated unfairly on or after 1 October 2026, you generally have six months to start a claim, after first contacting Acas for early conciliation.
- Protection from customers and service users. From 30 October 2026, your employer must take all reasonable steps to stop harassment by people you meet through work.
- Union information. You will be told about your right to join a trade union.
- Earlier unfair dismissal rights. From 1 January 2027, protection starts after six months, not two years.
If you face harassment at work, report it using your employer’s procedure and keep a written note of dates and details. Acas offers free, impartial advice.
How AESN can help
The safest way to manage these changes is to hire well and brief people properly from day one. AESN supplies healthcare assistants, support workers, nurses, chefs and hospitality staff across the UK. We help employers with:
- Compliant candidate screening, including right-to-work and DBS checks where required
- Temporary and permanent placements for care, healthcare and hospitality roles
- Clear communication of site risks and expectations before every placement
To talk about your staffing needs ahead of October and January, contact the AESN team.
Frequently asked questions
What are the Employment Rights Act October 2026 changes?
Employment tribunal time limits rise from three to six months from 1 October 2026. From 30 October 2026, employers must take all reasonable steps to prevent sexual harassment, protect staff from harassment by third parties, and tell workers about their right to join a union.
What is third-party harassment at work?
It is harassment of a worker by someone who does not work for the employer, such as a customer, client, patient, resident, relative or contractor. From 30 October 2026, employers can be liable if they fail to take all reasonable steps to prevent it.
Does third-party harassment apply to care homes?
Yes. Residents, service users and visitors are third parties. Care employers must balance their duty of care to residents with taking all reasonable steps to protect staff.
How long do you have to make an employment tribunal claim from October 2026?
For most claims where the relevant date is on or after 1 October 2026, the limit is six months. Acas early conciliation must normally come first and can extend the deadline.
Do the changes apply in Northern Ireland?
No. The Employment Rights Act 2025 changes covered here apply in England, Wales and Scotland. Northern Ireland has separate employment law.
When does unfair dismissal protection change to six months?
From 1 January 2027. Employees with six months’ service on that date gain protection immediately.
Do small employers have to comply?
Yes. What counts as “all reasonable steps” depends on an employer’s size and resources, but the duties apply to employers of every size.
The Employment Rights Act October 2026 changes put frontline employers under the spotlight. Care and hospitality staff deal with the public every day, and the law now expects employers to plan for that. Start with the checklist above, talk to your recruitment partner, and use October to get ready for the bigger shift in January 2027.
