The Employment Rights Act 2025 became law on 18 December 2025 with some of its reforms steadily coming into force throughout 2026. This October sees further major rules take effect which represent significant changes for employers. We explore some of the changes below.
All reasonable steps
From 30 October 2026, one major headline change is the transition from employers needing to take ‘reasonable steps’ to requiring them to take ‘all reasonable steps’ to prevent sexual harassment of their employees. This addition of a small word represents a big adjustment and a materially higher threshold for employers to meet. This is a phrase and concept which mirrors the s109(4) of the EA 2010 defence. As the factsheet from the Department of Business & Trade states “Employers simply need to do all that is reasonable”. What does this mean?
The Act provides for future regulations to be enacted which will define reasonable steps and provide guidance for employers. For the time being, the regulations may include steps such as:
(a) carrying out assessments of a specified description;
(b) publishing plans or policies of a specified description;
(c) steps relating to the reporting of sexual harassment;
(d) steps relating to the handling of complaints.
The guidance available from the Equality and Human Rights Commission (EHRC) website may assist employers at this stage. Their 8-Step Plan is available here: Employer 8-step guide: Preventing sexual harassment at work EHRC.
Third-Party Harassment
These changes also cast the net out wider so much so that an employer will be liable for harassment of their employees by third parties including clients, service users, self-employed contractors, members of the public and others. This includes third-party harassment which takes place in-person as well as online.
Tribunal time limit
The time limits within which an employee may make a claim to an employment tribunal will increase from 3 months to 6 months. It seems the intention behind this is to allow employees and employers more time to resolve disputes via alternative means before an employee may choose to make a claim. This change takes effect from 1 October 2026.
Organisations may wish to consider what types of procedures are in place which record incidents that have happened. Ensuring adequate policies are in place may assist a company should events need to be reconstructed in the future which took place in the relatively distant past.
2027 changes
Looking further ahead into 2027, there are more changes afoot including reforms focussing on ‘fire and rehire’ practices, flexible working provisions, NDAs and extended bereavement leave among others.
The types of steps you need to take will depend on the type of organisation you run, its size and the sector in which you operate. Our expert employment lawyers here at LBMW will be more than willing to assist you with any queries you may have on the above and can advise on the types of policies your company needs. Please contact Ed Henderson (Edward.Henderson@lbmw.com) for more information.