October 2026 marks the introduction of significant reforms under the Employment Rights Act 2025 (ERA 2025). Following on from the extension of Employment Tribunal time limits which came into force on 1 October (Changes to Employment Tribunal limits:  What does this mean for employers? | Global Workplace Insider), the government has now passed the Employment Rights Act 2025 (Commencement no. 6 and Transitional and Saving Provisions) Regulations 2026, bringing the next group of reforms into force on 30 October.  This post highlights the key developments employers should be aware of: the new trade union right of access to workplaces, enhanced protection against detriment for taking industrial action, and the strengthened duty to prevent sexual harassment.

Trade union right of access to workplaces

One of the most significant changes coming into force on 30 October 2026 is the new trade union right of access, introduced by section 59 of the ERA 2025. The new regime will give trade unions the right to access both physical and digital workplaces to meet, support, represent and organise workers, even where they are not recognised. However, access will not be permitted for the purpose of organising industrial action.Significant penalties may be imposed for non-compliance. These include fines of up to £75,000 for a first penalty order or first subsequent complaint, £150,000 for a second complaint, and up to £500,000 for third and subsequent complaints.

Practical steps: Employers should begin preparing for the new access arrangements and consider whether existing procedures will need to be updated. Practical measures may include preparing template response letters based on the Code’s standard forms, maintaining detailed records of access requests and negotiations, and ensuring key communications are appropriately documented. Employers should also review workplace surveillance, CCTV and IT monitoring policies, as they must not attend, listen to, record or monitor access meetings.

Protection against detriment for taking industrial action

Another important change taking effect on 30 October 2026 concerns the protection of workers who participate in industrial action. Introduced by section 77 of the ERA 2025, the new provisions extend protection against detriment where the sole or main purpose of the treatment is to penalise, deter or prevent participation in industrial action.The government’s consultation response, published in July 2026, confirmed that the new regulations will prohibit all such detrimental treatment.

Practical steps: Employers should review industrial relations, trade union recognition and employee relations policies to ensure they reflect the enhanced protections. Disciplinary procedures should also be assessed to ensure workers are not subjected to detriment or disciplinary action because they have participated in protected industrial action.

Enhanced sexual harassment duty and third-party harassment

Sections 20 to 24 of the ERA 2025 strengthen employers’ proactive obligations to prevent sexual harassment from 30 October 2026. Employers will be required to take “all reasonable steps” to prevent sexual harassment, replacing the existing duty to take “reasonable steps” introduced under the Worker Protection (Amendment of Equality Act 2010) Act 2023. The reforms also introduce a duty on employers not to permit the harassment of employees by third parties, where the employer has failed to take all reasonable steps to prevent it.  This duty applies to harassment relating to all types of protected characteristics.  Further regulations setting out the steps that will be regarded as reasonable are expected in 2027.

Practical steps: Employers should review the measures implemented when the proactive duty to prevent sexual harassment was first introduced in October 2024 and assess whether they would meet the higher standard of taking all reasonable steps. This includes reviewing policies, training programmes, reporting procedures and workplace culture initiatives. Employers should also review any risk assessment to take account of the risk of third-party harassment and consider their arrangements with suppliers, contractors and other third parties, and assess what additional steps may be needed to reduce the risk of such harassment taking place.

The requirement to give workers a statement of their right to join a trade union which was expected to come into force on 30 October, has been delayed until January 2027.

With several significant ERA 2025 reforms taking effect during October, employers should use the coming weeks to review policies, procedures and training to ensure they are prepared for the new obligations and potential risks.

Many thanks to Alex Vincent for all her help in preparing this post