Government makes regulations bringing new sexual harassment and trade union reforms into force on 30 October 2026

Background

The Employment Rights Act 2025 (the Act) is being brought into force in stages through commencement regulations. Several earlier tranches took effect during 2026, including measures commenced on 6 January, 6 April and 1 October 2026.

The latest commencement regulations were made on 1 October 2026. They are the sixth set of commencement regulations under the Act.

What changes have been brought in?

From 30 October 2026, employers will have to take all reasonable steps to prevent sexual harassment of their employees. This is a higher standard than the current duty. On the same date, the Act also introduces liability for failing to prevent harassment of employees by third parties, such as customers or suppliers. These changes require employers to consider the practical risks arising from workplace interactions, rather than focusing exclusively on conduct between colleagues.

Several trade union measures also take effect on 30 October 2026. Unions will have a statutory right of trade unions to access workplaces. Access is agreed with the employer following a formal request, and the Central Arbitration Committee (CAC) can decide terms if the parties cannot agree. There are reforms to the process for statutory union recognition. These include extending the ban on unfair practices so that it covers the whole recognition process, not just the ballot period. Changes to time off for union officials and learning representatives also take effect. Employers will have to provide reasonable accommodation and facilities when asked, and will have to show that any time off refused was not reasonable. There is also a new right for union equality representatives to take paid time off for their role.

Learning points for employers

Employers should revisit their sexual harassment risk assessments and update their policies to meet the stronger "all reasonable steps" standard. Those policies, and the training behind them, should also deal with harassment by customers, clients, contractors and other third parties, so that managers know how to respond when such complaints arise. Employers should also watch for the future regulations that will set out what "reasonable steps" means and be ready to adjust their approach when they are published.

On the trade union side, employers should decide who will handle union requests for workplace access and make sure that person understands the new process. Where a recognition application is in progress or expected, they should check when it was submitted to the CAC, because this decides whether the old or new rules apply. Employers that recognise a union should also identify their equality representatives and review their time off arrangements and budgets.

For more information or advice, please get in touch with Khadija Khatun in our Employment team.