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Policy – GB communicate effectively across branches and sites? Good employee engagement has always mattered. In the new environment, it also becomes increasingly important employeerelations risk management.
Already unionised businesses should ensure managers understand the changing rules, particularly around union access, representatives and industrial action.
3. Harassment
During October 2026, employers are expected to become subject to a strengthened duty to take all reasonable steps to prevent sexual harassment, strengthening the existing preventative duty. There will also be a new obligation concerning harassment of employees by third parties.
That is particularly relevant in our supply chain, where employees regularly interact with customers, contractors, drivers and suppliers across trade counters, branches, yards, sites and manufacturing environments.
Employers cannot control every interaction. But they will need to demonstrate that they have properly considered the risks and taken sensible preventative action. That could mean site and role-specific risk assessments, meaningful training, clear reporting routes and appropriate standards for customers, suppliers and contractors.
The precise steps expected will vary according to factors including size, resources and working environment. But a generic policy sitting on the intranet will not be enough.
What else is coming? HM Government is consulting, or has recently consulted, on:
• zero-hours and similar contracts;
• flexible working;
• workplace monitoring technologies;
• equal pay;
• TUPE;
• agency and umbrella-company regulation;
• rights for carers and parents of seriously ill children;
• restrictions on non-disclosure agreements in harassment and discrimination cases.
Further reforms are expected around bereavement leave- including pregnancy loss; stronger protection from dismissal during pregnancy and family leave; and gender equality and menopause action plans.
Businesses using zero or lowhours arrangements should pay particular attention to proposals for guaranteed hours based on hours actually worked, reasonable notice of shifts and payments where shifts are cancelled or changed at short notice.
Workplace monitoring is another area worth watching for businesses using CCTV, vehicle or driver tracking, productivity technology or other monitoring systems.
Most importantly, do not redesign policies around regulations that are not yet final. Keep informed and prepare when the detail becomes clear.
Fire and rehire: another restructuring consideration From January 2027, new protections around dismissal and re-engagement( often called“ fire and rehire”) will significantly increase the risk of dismissing employees who refuse certain contractual changes. HM Government has consulted specifically on changes involving expenses, benefits and shift patterns.
For businesses considering changes to terms as an alternative to redundancies, that matters. Consultation, commercial rationale and properly exploring alternatives will become increasingly important.
Unfair dismissal: the 2027 change that is already here From 01 January 2027, the qualifying period for unfair dismissal will reduce from two years to six months, while the cap on compensatory awards will be removed. However, and most importantly, this is a 2026 issue dressed up as a 2027 reform.
Employees recruited from 01 July 2026 onwards can reach six months’ service once the new regime takes effect. Recruitment decisions being made today are already affected.
Businesses relying on six-month probationary periods should therefore reconsider their approach. Waiting until month six to decide whether somebody is suitable may leave insufficient time to act before unfair dismissal protection applies, particularly once notice is factored in.
A shorter initial probation, perhaps three months, with scope to extend, creates more opportunity to make decisions early. More importantly, tighten what happens during probation. Set clear expectations. Give new starters proper onboarding and training. Hold meaningful reviews. Address problems when they arise and document the conversations.
The days of allowing somebody to drift towards two years’ service before making a relatively low-risk decision about their future are nearly a distant memory.
What should BMF members do now?
The Employment Rights Act is not one deadline- it is a programme of reform stretching through 2027.
For now, focus on four things:
1. Check April’ s changes are genuinely embedded, not just reflected in updated policies.
2. Prepare for October, particularly tribunal time limits, trade union rights and harassment prevention.
3. Keep restructuring and workforce models under review, especially where redundancies, contractual changes or flexible staffing are involved.
4. Strengthen recruitment, onboarding and probation management now ahead of the expected January 2027 unfair dismissal reforms.
For everything else, stay informed without trying to second-guess unfinished regulations.
Our key takeaway is that good employers will not need to reinvent how they manage people. However, they will need stronger processes, better evidence and well-equipped managers who are confident making fair and timely decisions early.
Editor’ s Footnote: Halborns spoke on these topics at the BMF Human Resources Forum on 19 May in Coventry and the BMF Central Region Meeting on 7 July at JCB.
We expect this subject to feature at our next HR Forum on 10th November. Please register via the BMF website‘ Events’ page.
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