BV-2026-08-01-digital Business Voice Autumn 2026 | Page 12

Autumn employment law shake-up Are you ready?

Employers in England and Wales face a significant set of employment law changes this autumn as further provisions associated with the Employment Rights Act 2025 come into force. B P Collins’ employment team explores the key changes coming up.
Longer time limits for tribunal claims
The standard time limit for bringing an employment tribunal claim will increase from three months to six months.
The change will give employees and workers more time to obtain advice, complete Acas early conciliation and decide whether to pursue proceedings. For employers, it means workplace disputes may remain capable of becoming claims for longer. Organisations may need to preserve relevant emails, messages, investigation notes and personnel records for an extended period.
Optimistically, it’ s possible that giving claimants a longer time to issue claims results in fewer claims being brought because it gives longer for parties to reach an out-of-tribunal settlement and allows time for heightened emotions to subside. But the final impact remains to be seen and it will continue to be vital that legal advice is obtained promptly whenever a claim is threatened or received.
Stronger protection from workplace harassment
Employers will be required to take“ all reasonable steps” to prevent sexual harassment of employees, strengthening the existing duty to take“ reasonable steps”.
This places greater emphasis on active prevention. Having a policy and providing one-off training may not, by themselves, demonstrate compliance. Employers should consider workplace-specific risk assessments, effective reporting routes, regular training, senior accountability and whether complaints are investigated promptly and appropriately.
Employers will also have an obligation not to permit harassment of employees by third parties, including customers, clients, patients and contractors. Businesses in public-facing sectors should identify where these risks arise and introduce practical controls. These might include customer warnings, incident-reporting systems, suitable staffing arrangements and procedures for refusing service or removing offenders.
New trade union rights
Employers will be required to give workers a written statement informing them of their right to join a trade union. This must be provided at the start of employment alongside the written statement of employment particulars and at other times prescribed by regulations.
Independent trade unions will gain a statutory route to request physical or digital access to workplaces to meet, support, represent and organise workers. Employers will generally have 15 working days to respond and a further period in which to negotiate an access agreement. If agreement cannot be reached, the Central Arbitration Committee may determine whether access should be granted and on what terms. It cannot impose an access agreement on an employer with fewer than 21 workers.
Trade union representatives will also receive stronger rights to reasonable paid time off and appropriate facilities. Workers will gain protection against detriment where an employer’ s sole or main purpose is to penalise, prevent or deter their participation in protected industrial action.
Preparing for the changes
Employers should review harassment risk assessments, update policies and training, allocate responsibility for union access requests and prepare to amend starter documentation. Tribunal documentretention practices should also be reviewed.
B P Collins’ employment team can review your contracts, policies and procedures, provide tailored training and help your organisation prepare for the new duties. To arrange an employment law compliance review or discuss how the reforms affect your business, please email enquiries @ bpcollins. co. uk or call 01753 889995.
12 Autumn 2026