This month: October's Employment Rights Act 2025 changes come into force, plus more on next year’s bereavement leave plans and the latest on a high-profile equal pay case
This month we update on the latest changes including trade union access to workplaces, strengthened obligations on employers to prevent harassment and more time for employment tribunal claims. There’s more information now available about next year’s bereavement leave plans and an update on one of the high-profile equal pay cases currently before the courts.
1 October 2026 saw the extension of the time limit to submit a claim to the Employment Tribunal from three months to six months. This applies to wrongful dismissal claims, as well as the raft of statutory claims, including unfair dismissal. Employers should take steps to review any areas of risk, remind managers of the importance of handling matters fairly, in accordance with policies, and of note taking, and finally, review document retention polices. [More information and practical resources are available for CIPD members in our tribunal changes hub page]
Readers in Scotland should note that the wrongful dismissal time limit does not change until 9 November 2026.
From 30 October 2026 there is a new duty on employers ‘not to permit’ harassment (for any of the ‘relevant’ protected characteristics) by third parties. The duty to prevent sexual harassment is also strengthened, requiring an employer to take ‘all’ reasonable steps to prevent harassment. The risks of failing to do so include investigations by the EHRC and uplifted compensation. The government also now has a power to set out in regulations some steps that will sit within this strengthened duty.
People professionals can access a suite of resources and tools designed to support them to navigate these changes to the harassment laws, including practical checklists.
An independent right of access for trade unions to workplaces for certain purposes, a crackdown on unfair practices, and protections for individuals from ‘all’ detriment for taking industrial action kick in from 30 October. People professionals working in or with all organisations can plan their response using tools and resources exclusive to CIPD members, including a checklist to develop a trade union strategy and a guide to working effectively with trade unions.
Note that the duty on employers to inform new starters (and regularly remind existing employees) of their right to join a trade union is now expected to come into force in January 2027.
The government recently announced more detail around the bereavement leave changes planned under the Employment Rights Act 2025. This is anticipated in April 2027 – the Employment Rights Act 2025 tracker includes more details.
The Next equal pay case, one of a number of challenges involving high-profile high-street names, has been decided at the Employment Appeal Tribunal (EAT), in favour of the employer. In Next Retail Ltd and Next Distribution Ltd v Thandi and others (2026) the EAT found that ‘market forces’ and recruitment and retention pressures could – but would not automatically – justify differences in pay. It is likely that this will be appealed to the Court of Appeal. People professionals can read more about this and other claims, and the law on equal pay, on our employment law page.
Now that the law includes a number of options for those with caring responsibilities to take time off, and in light of upcoming changes to the law on unfair dismissal, it’s important to remember that just because someone is absent from work they should not be ignored or discounted. Often such cases arise as discrimination claims, but in Jawneh v G4S Security Solutions (UK) Ltd, there was no discrimination, just an unfair dismissal. The employee had been allowed to take unpaid leave when childcare arrangements fell through. After 10 months, the employee was recorded as having resigned for family reasons. He only became aware of this when he enquired about a role that would suit him due to location and hours. The tribunal found that he had been unfairly dismissed. A fair procedure would have included investigations into what Mr Jawneh’s position was, which would have clarified that he intended to come back to work. Although the dismissal was unfair, Mr Jawneh’s compensation was reduced by 35% because he had not made any contact with the employer while he had been off. Mr Jawneh’s claims of race and sex discrimination failed. More information on fair dismissals is available on our employment law page on dismissals.
We await an update regarding when changes to zero and low hour contracts will be introduced.
Full details of all the Employment Rights Act 2025 changes, including new tools to support you in your practice, are available on our tracker.
Use the tracker to keep up to date with latest timeline and developments
How prioritising women’s and reproductive health policy can improve productivity and boost career progression for women
Updates around rights to work checks, contracts, pre-employment checks, part-time workers and what you need to know on the Employment Rights Act 2025
Findings from CIPD’s work as part of the UK Government-funded Innovate UK BridgeAI programme
This month: Views needed on revised Code on disciplinary and grievance procedures. Plus, new duty to prevent third party harassment and a look at when an employer has ‘knowledge’ of a disability.
Keep up to date with what is changing under the Employment Rights Act 2025, the Equality (Race and Disability) Bill and the plan to Make Work Pay
Keep up to date with the latest employment law developments and proposed future changes
Explore our collection of resources around legal issues surrounding employees and workers, including Q&As for various types of workers and relevant case law
Explore the legal issues relating to pregnancy and maternity discrimination in the workplace