Employment tribunal time limits

The time limit for bringing most employment tribunal claims has now doubled from three to six months for events occurring on or after 1 October 2026. 

Note that the extension to six months for breach of contract claims in Scotland will take effect on 9 November 2026, rather than 1 October 2026. The previous three-month time limit will continue to apply to claims arising from terminations before that date.

Right to work

UK right to work rules changed on 1 October 2026, as introduced by section 48 of the Border Security, Asylum and Immigration Act 2025. Changes expand the definition of “employer” for the purposes of the illegal working regime and extend compliance obligations beyond traditional employment relationships into a wider range of working arrangements.

Those who followed the previous consultations should be aware that the final Home Office Code of Practice does not create a separate legal category for agency workers, does not make Digital Verification Service Providers (DVSPs) mandatory and does not introduce wider personal liability for company directors.

Protection from sexual harassment

The Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026 were published by the government on 1 October 2026. The changes come into force on 30 October 2026.

Key changes include strengthening the preventative duty on employers in relation to sexual harassment of employees, increasing “reasonable steps” to “all reasonable steps”. Protection from harassment is expanded to include a duty on the employer to take reasonable steps to protect employees from harassment by third parties, including customers and clients. 

Trade unions

In relation to trade unions, unions gain the right to request direct (physical) and indirect (digital) access to workplaces and workers, even where they are not recognised. There are also further changes covering the provision of facilities for union representatives.  

It does not include a requirement to give workers a statement of their right to join a trade union. This is now expected to come into effect in January 2027.

 For further information or to discuss how this may affect your business, please get in touch with KKnox@ortolan.com or jjones@ortolan.com