Background

The government is continuing to deliver its Plan to Make Work Pay to update employment rights legislation and has announced an updated timetable for measures to be introduced (or expected to be introduced) in October 2026.

Measures that will take effect on 1 October 2026

• the time limit for bringing a claim to the Employment Tribunal will increase from 3 to 6 months
• the duty to inform workers of their right to join a trade union
• strengthening trade unions’ right of access
• implementing reforms to access and unfair practices during the recognition and derecognition process, and all remaining trade union recognition measures, including freezing the bargaining unit when an application is received
• new rights and protections for trade union representatives
• extending protections against detriments for taking industrial action

Measures that will take effect on 30 October 2026

Trade union measures

Harassment measures

• requiring employers to take ‘all reasonable steps’ to prevent sexual harassment of their employees
• introducing an obligation on employers not to permit the harassment of their employees by third parties
• introducing a power that will enable the minister to make regulations at a later date, specifying evidence-based steps which employers must take to prevent sexual harassment (this will complement not replace the broader legislative requirement to take all reasonable steps)

Practical Tips

Employers are advised to ensure they have carried out the following (before October, and in good time to consult and agree implementation if necessary):

1. Drafted (or updated) a comprehensive policy regarding trade union activities, including membership; rights of access; trade union representatives rights and protections;
2. Drafted (or updated) a comprehensive policy regarding harassment, including the new requirement for employers to take ‘all reasonable steps; setting out the employer’s obligations in respect of harassment of employees by third parties; have regard to what might constitute ‘all reasonable steps’ and evidence they consider showing this;
3. Train all managers to understand their duties with regard to the updated trade union rights;
4. Train all managers to understand what sexual harassment might look like and how to take ‘all reasonable steps’;
5. Update (or draft) any policies relating to employees’ grievances; appeals and complaints to take into account the new measures.

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

 Useful links

To see the government’s Plan to Make Work Pay and Employment Rights Act updated timeline set out by the Department for Business & Trade, please see: https://www.gov.uk/government/publications/implementing-the-plan-to-make-work-pay-and-employment-rights-act/plan-to-make-work-pay-and-employment-rights-act-timeline-update