Employers face stronger harassment prevention duties and new trade union rights from 30 October 2026

Harassment changes

Employers were already under a duty to take reasonable steps to prevent sexual harassment of their employees. Where the duty is breached, a tribunal can increase compensation by up to 25%, and the Equality and Human Rights Commission (EHRC) can take enforcement action.

The duty is now enhanced, to require employers to take “all reasonable steps” to prevent sexual harassment of staff. This raises the bar: some sensible measures will not suffice if other reasonable steps were missed.

A standalone third-party anti-harassment duty has also been introduced. This applies to all relevant protected characteristics, not only sex. Liability arises where the employer failed to take all reasonable steps to prevent the third party harassment.

The EHRC has updated its 8-step guide and technical guidance on sexual harassment and harassment at work.

Trade union changes

Independent trade unions now have a statutory right to access workplaces, in person or digitally, to meet, represent, recruit and organise workers, but not to organise industrial action. The parties should try to agree access terms (lasting up to two years) and, failing agreement, the Central Arbitration Committee (CAC) can set them, treating “model terms”, such as weekly access, as reasonable.

Physical access should be near the workplace, in working time and at varied times to reach shift workers, with visits kept private so far as reasonably possible. Digital access uses existing channels, such as email, Teams or the intranet. Employers with fewer than 21 workers are exempt, and the CAC can impose penalties of £75,000 to £500,000 where access is refused or delayed.

In statutory recognition, once the CAC accepts an application, the union can request access, the unfair practices rules apply and the bargaining unit is frozen, so new recruits do not count.

Union officials and learning representatives can now ask for reasonable workplace facilities. Union equality representatives gain a new right to paid time off, and to facilities. An updated Advisory, Conciliation and Arbitration Service (Acas) Code of Practice applies.

Workers are also now protected from any detriment intended to prevent, deter or penalise them for taking protected industrial action.

Employers can keep up to date with the latest Employment Rights Act 2025 changes by following our Employment Rights Act tracker.

For more information or advice, please get in touch with Keren Felix in our Employment team.