The end of October marked another important milestone in the implementation of the government’s employment law reforms, with changes taking effect in two key areas: expansion of trade union rights and prevention of workplace harassment.
Trade union rights
Independent trade unions now have the right to request physical and digital access to workplaces to recruit, organise and represent workers and support collective bargaining. It is important for employers to note that any qualifying union can request access - there is no need for the union to already be recognised by the employer, or for any of the workforce to be members of the union. The timeframes for responding to an access request are tight and the expectation is that access will be facilitated in most cases – more details can be found in our previous article here: 30 October 2026: Trade union right of access imminent.
Staying with trade union rights, there are also changes to the statutory recognition and derecognition process. Protections against unfair practices now apply throughout the process, supported by a revised statutory Code of Practice on Access and Unfair Practices During the Recognition and Derecognition Process, which also came into effect today. Employers will also be required to provide, if requested, reasonable facilities, as well as paid time off, to employees carrying out trade union duties or acting as union learning representatives. Recognised independent unions can also appoint equality representatives, who are entitled to reasonable paid time off to promote workplace equality, arrange equality training, provide information, advice and support, and undertake training for their role. Again employers must, where requested, provide reasonable facilities to enable them to carry out that role. Finally, employees will be protected from being subjected to detriment for participating in industrial action.
Prevention of workplace harassment
Turning to the prevention of workplace harassment, employers must now take all reasonable steps to prevent sexual harassment, raising the bar from the existing requirement to take reasonable steps. This makes it increasingly important for employers to identify the particular harassment risks within their organisation and demonstrate what they have done to address them. Employer liability for third-party harassment has also been reintroduced, covering harassment by people such as customers, clients and contractors and extending beyond sexual harassment to harassment related to other relevant protected characteristics. Further details and practical guidance on how to comply with this more stringent duty can be found in our previous article here: Liability for harassment: changes in force from 30 October 2026.
The next phase of the Employment Rights Act 2025 reforms
Although these significant changes have now come into force, there is much more to come over the course of the next 12 months as the implementation of the Employment Rights Act 2025 (ERA) continues. The next important date is 1 January 2027, when the qualifying service for unfair dismissal claims will reduce to six months and the cap on compensation for such claims will be lifted.
Download our ERA guide for key action points
For practical guidance on the ERA, including all key changes, timelines and what your business should be doing now to prepare and manage risk – you can download our guide here. Keep an eye on this link as we issue updated editions of the guide.
