The Government has introduced the next phase of reforms under the Employment Rights Act 2025, with a number of significant changes coming into force on 30 October 2026. These developments will have important implications for employers, particularly in relation to workplace harassment and trade union rights.
Employers should take steps now to review their policies, procedures and workplace practices to ensure compliance with the new obligations.
Stronger Duty to Prevent Sexual Harassment
One of the most significant changes is the strengthening of the employer duty to prevent sexual harassment in the workplace.
Currently, employers are required to take “reasonable steps” to prevent sexual harassment of their employees. From 30 October 2026, this duty will be strengthened so that employers must take “all reasonable steps” to prevent such conduct occurring.
Although the exact scope of what constitutes “all reasonable steps” will depend on the circumstances of each organisation, employers should anticipate a higher threshold for demonstrating compliance. Employment tribunals are likely to expect employers to be proactive in identifying risks and implementing effective preventative measures.
Practical steps employers should consider include:
- Reviewing and updating anti-harassment and dignity at work policies.
- Providing regular and meaningful training for all staff and managers.
- Conducting workplace risk assessments to identify areas where harassment risks may arise.
- Ensuring reporting procedures are clear, accessible and trusted by employees.
- Investigating complaints promptly and taking appropriate action when issues are identified.
- Monitoring workplace culture and addressing problematic behaviour before it escalates.
Employers that cannot demonstrate they have taken all reasonable preventative measures may face increased exposure to tribunal claims and associated compensation awards.
Liability for Third-Party Harassment Returns
A further notable development is the extension of harassment protection to cover harassment committed by third parties, such as customers, service users, Contractors and other visitors to the workplace.
Under the new provisions, employers may be liable where a worker is subjected to harassment by a third party and the employer has failed to take all reasonable steps to prevent that harassment.
This represents a significant compliance challenge for businesses operating in customer-facing environments, including retail, hospitality, healthcare and professional services sectors.
Employers should assess situations where staff interact with members of the public and consider implementing appropriate safeguards, including:
- Clear policies addressing unacceptable behaviour by customers and clients.
- Reporting mechanisms for incidents involving third parties.
- Employee training on responding to inappropriate conduct.
- Processes for warning, restricting or removing individuals who engage in harassment.
- Contractual provisions and standards of behaviour where services are provided to clients or customers.
Failing to address known risks could increase the likelihood of successful claims being brought against employers.
Expanded Trade Union Access Rights
The reforms also introduce enhanced rights for trade unions to access workplaces and workers. From 30 October 2026, trade unions will be able to request both:
Physical Access
Unions will be entitled to seek direct access to workplaces to engage with workers, even where the union is not formally recognised by the employer.
Digital Access
In addition to physical access, unions may request indirect or digital access to workers through specified communication channels.
These changes are intended to make it easier for trade unions to communicate with workers and support collective representation activities.
Employers should:
- Familiarise themselves with the new access regime.
- Review existing arrangements concerning trade union engagement.
- Ensure managers understand how requests for access should be handled.
- Develop clear internal processes for responding to trade union applications and requests.
Trade Union Membership Statements Delayed
Employers should note that one anticipated requirement will not take effect in October 2026. That is the obligation to provide workers with a statement informing them of their right to join a trade union has been postponed and is now expected to come into force in January 2027.
While this provides employers with additional time to prepare, organisations should begin reviewing onboarding documentation and employment particulars to ensure they are ready when the requirement takes effect.
The latest Employment Rights Act reforms introduce a more demanding duty to prevent sexual harassment, the extension of protection against third-party harassment, and expanded trade union access rights are likely to require many employers to revisit existing workplace practices.
Employers that take proactive steps now will be better placed to demonstrate compliance, minimise legal risk and foster a safe, respectful and well-managed working environment.
