1 October 2026 Update for Employers

Some key changes take effect today that employers should know about under the Employment Rights Act 2025.

1. Extended employment tribunal time limits

• Increasing to six months minus one day for the vast majority of employment claims, including unfair dismissal, discrimination and whistleblowing
• Those claims that were already at six months (equal pay and statutory redundancy payment claims) will remain at six months.

2. Right to work checks for agency workers

The new legislation adds a new s.14A of the Immigration, Asylum and Nationality Act 2006, stating that the potential liability for preventing illegal working extends to circumstances where you engage someone, amongst other categories:

1. under a contract, other than a contract of service or apprenticeship, under which an individual undertakes personally to provide work or services for another person, whether or not that person is specified in the contract, and that person is neither a client nor customer of a profession or business undertaking carried on by the individual.

2. As an individual sub-contractor. Individual sub-contractor means an individual who has entered into a contract with an organisation to provide work or services in circumstances where that organisation has entered into a contract with a third party to provide, or arrange for the provision of, the work or services but the individual has not.

The government published a draft guide to right to work checks on 11 September 2026, which provides specific examples employers can refer to, or they can, of course, contact us for further advice.

3. Duty to inform staff of their right to join a trade union

This duty has been delayed to January 2027, and further updates will follow.

4. Changes to duty to prevent sexual harassment

These changes are due to come into effect at the end of October 2026, and further updates will follow.

Contact our employment law solicitors today

If you have any questions or concerns about the updates provided above, please contact a member of our Employment Law team. You can use our online enquiry form or call 0330 191 5713.