Employment Rights Act 2025 – What’s coming next

Employment tribunal time limits

From 1 October, the time limits for bringing an employment tribunal claim will increase to six months. The current time limit for most types of claim is three months. 

Sexual harassment and third-party harassment

From 30 October 2026, all employers regardless of size:

• Must take “all reasonable steps” to prevent their employees from experiencing sexual harassment at work. This is a step up from the current duty to take “reasonable steps” and sets a high bar for employers. A definition of “reasonable steps” is due to follow next year.
• Must also take “all reasonable steps” to prevent their employees from experiencing harassment (of any kind) from third parties, for example customers, members, or suppliers.

Trade union rights

From 30 October there will be further changes to the rules surrounding trade unions:

• Employers will be obliged to inform their employees of their right to join a trade union. For new starters, this information should be shared alongside the initial statement of terms and conditions of employment. The exact details of what should be included in the statement are yet to be confirmed.
• Trade unions will have a “right of access” to organisations with 21 or more workers. Trade unions will be able to apply to access workplaces for the purposes of meeting, recruiting or organising workers for the purposes of collective bargaining (although not for the purposes of organising industrial action). A draft Code of Practice has been laid before Parliament.
• There will be a new right to time off for trade union equality representatives to carry out their duties.
• There will be a new right to reasonable accommodation facilities for trade union representatives carrying out their duties. Acas have published a draft Code of Practice. 
• There will be an updated Code of Practice on trade union recognition. The draft updated Code has been laid before Parliament.
• Workers taking part in industrial action will be protected against less favourable treatment. 

Other changes due to take place in October

• Employers in the service industry will be obliged to consult with employees or their representatives before creating a tipping policy. Tipping policies must be updated every three years.
• There will be a new negotiating body for adult social care, which will negotiate minimum pay, terms and conditions across the adult social care sector.
• The two‑tier code for public sector outsourcing will be reinstated and strengthened. This means that private sector employees working on outsourced public sector contracts cannot have worse terms and conditions than public sector employees who transferred to work on the same contract.

What co-ops should do now

• Double check your anti‑harassment policies and practices to make sure that they are in line with the requirement to take “all reasonable steps”. At the very least, all members should be conducting a risk assessment and acting on any identified risk areas. Buy our preventing workplace sexual harassment toolkit for more support and guidance on how to meet this proactive duty.
• Review the information that you share with new starters and ensure that it includes their right to join a trade union. We’ll publish further details on what this needs to look like as soon as they are available. 
• Review the new Codes of Practice on trade union rights and ensure your working practices are in line with them. 
• Members with either the HR or Contact Packages should get in touch for more information, support or guidance around the upcoming changes to employment law. If you don’t have either of our support packages but would like to find out more about the support and guidance that are available, please contact [email protected].