Employment Rights Act changes: what employers need to do
Employment law is changing, and waiting until the new rules arrive is not a sensible plan. Several changes are already in force, with more to follow in October 2026 and January 2027. For employers, the job is clear: check your documents, train your managers, and keep better records.
Below, we have outlined what you need to know.
What has already changed?
Since April 2026, paternity leave and unpaid parental leave have been available from an employee’s first day of employment. Statutory Sick Pay has also changed, with the lower earnings limit and waiting period having been removed. Other changes include stronger protection for people who report sexual harassment, increased penalties for some failures during collective redundancies, and new holiday-pay record-keeping duties.
The direction is clear. Employers will be expected to show that their people processes are fair, consistent, and properly recorded. As a result, a policy sitting unread in a folder will not be enough.
Tribunal claim deadlines are getting longer
From 1 October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months to six months. That gives employees longer to make a claim. It also means employers may have to wait longer before they know whether a workplace dispute has ended. It is worth noting that administrative delays can add further time, so do not assume that no news after six months means the risk has gone away.
Keep clear records of:
• What happened
• When it happened
• Who was involved
• What was discussed
• What evidence was considered
• Why a decision was made
• What support, warning or action was provided.
This applies to dismissals, grievances, conduct issues, performance concerns, and workplace complaints. Employers need a reliable paper trail showing what happened and when. Emails, meeting notes, and written decisions may become vital months later.
Keep the facts, leave out the emotion, and make sure records are stored securely and in line with your data-retention rules.
Harassment duties are getting tougher
From 30 October 2026, employers will be required to take all reasonable steps to prevent sexual harassment of their employees.
There will also be a duty not to permit employees to be harassed by third parties. That could include customers, clients, suppliers, contractors, or visitors. This matters because the problem may not come from another employee. It could arise when someone is working with a customer, dealing with a contractor, or attending a business event.
Therefore, employers need to think about where the risks are, including:
• Customer-facing roles
• Employees working alone
• Contractors visiting the workplace
• Off-site meetings and events
• Work-related social occasions
• WhatsApp groups and workplace chats
• Business travel
• Remote and hybrid working
• Roles involving regular contact with members of the public.
A simple risk assessment can help identify who may be exposed, where problems could arise, and what reasonable action can be taken. That action might include clearer behaviour standards, better reporting routes, changes to lone-working arrangements, and training for managers. The law focuses on sexual harassment, but the sensible approach is to make it clear that all harassment is unacceptable.
Trade union rights need to be visible
Trade union reforms are also due to come into force on 30 October 2026. These include a duty for employers to inform workers of their right to join a trade union. Other changes concern union access to workplaces and protection connected with industrial action.
Employees already have the right to join a union – the change means employers will need to make that right clear. This information could be included in an employee handbook or other suitable means, such as contracts, offer letters, and appointment documents.
Unfair dismissal protection changes in January
From 1 January 2027, the qualifying period for ordinary unfair dismissal protection is expected to reduce from two years to six months. The qualifying period for requesting written reasons for dismissal will also reduce to six months, with the existing cap on compensatory awards for successful unfair dismissal claims being removed.
Existing day-one protections remain, including protection against discrimination and dismissal for certain automatically unfair reasons. So, the idea that a short-service employee can simply be dismissed without risk has never been a safe one. From January, it becomes even less safe.
Employers should now be reviewing:
• Probation periods
• Probation review dates
• Performance-management processes
• Conduct procedures
• Manager authority to dismiss
• Dismissal letters
• Fixed-term contract arrangements
• Record keeping during an employee’s first six months.
A six-month probation review held at the end of month six may be too late. Problems need to be raised early and employees should know what needs to improve, what support is available, and when progress will be reviewed. You can still dismiss for a legitimate reason, but you need a fair reason, a fair decision, and a fair process.
Managers need to act early
Good documents matter. Good managers matter more. Managers and supervisors need to recognise that leadership comes with responsibility, and that informal relationships, jokes, and workplace chat can become a problem when boundaries are unclear.
Any training should help managers to:
• Spot inappropriate or high-risk behaviour
• Step in before a situation gets worse
• Receive a concern calmly
• Avoid dismissive or defensive comments
• Record conversations accurately
• Protect confidentiality
• Know when to escalate an issue
• Deal with performance or conduct concerns promptly.
Employees do not always make formal complaints, as they may worry about being labelled difficult, causing trouble, or damaging working relationships. That is why early intervention matters. A quiet, sensible conversation today is usually easier than a formal grievance, investigation, or tribunal claim tomorrow – and when used alongside manager awareness and good record keeping is central to reducing the risk.
Your priority list
Do not try to fix everything on 29 October. We recommend starting with these six actions:
• Review contracts and offer letters.
Make sure the terms are accurate, lawful and consistent with how people actually work.
• Update your employee handbook.
Check equality, harassment, grievance, disciplinary and reporting policies.
• Complete a harassment risk assessment.
Include third parties, lone working, online communications and work events.
• Check reporting routes.
Give employees another contact if their usual manager is involved in the concern.
• Train managers and supervisors.
Include anyone with day-to-day responsibility for other people.
• Improve your records.
Document probation reviews, performance conversations, conduct issues, complaints, and dismissal decisions.
Get ready before the risk becomes real
You do not need to panic. But you do need to act.
The team at Danton HR & Training can review your contracts, offer letters, and employee handbook, assess your current risks and give managers the practical training they need. We can also tell you what needs attention, what can wait, and what could cause a problem if it is ignored.
If you are unsure whether your business is ready for the Employment Rights Act changes, contact the team at Danton HR & Training to see how we can get your documents, processes, and managers prepared.
This article provides general information, not legal advice. Future implementation dates remain subject to parliamentary processes and may change.