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Employment Rights Act: What co-operatives need to know

Key changes from October 2026

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Trade union rights

Employers will be obliged to inform employees of their right to join a trade union. There will also be new protections for trade unions and those wishing to take Industrial action, including extending protections against detriments for taking industrial action and increased rights of access to workplaces. 

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Harassment

The proactive duty on employers to take reasonable steps to prevent workplace sexual harassment will be extended to include all reasonable steps. A definition of "reasonable steps" is due to follow in 2027. Employers will also be expected to protect workers from all types of harassment from third parties (such as customers, clients, or members).

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Employment tribunal time limits

The time limit for making a complaint to an employment tribunal will increase to six months for all types of claim. The current time limit for making most types of claim is three months.

Other changes that are expected to take effect from October 2026 are: 

  • 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 were transferred to work on the same contract.
  • In December 2026 a new mandatory charter for seafarers will be introduced, which will provide for higher standards around health and safety, pay, job security and rest breaks.