Employment Rights Act Series: Checklist of a bumper crop of developments in September and October 2026

28 Oct 2026

5 minutes read

As expected, this autumn has been busy in terms of developments under the government’s Employment Rights Act 2025 agenda. Sarah Simcott provides a useful checklist of changes that have come into force under the Act this month; and of recent consultation developments, so that employers can keep an eye on what’s on the ERA horizon.

Consultations

Consultation response 22 September 2026: The government confirmed that two weeks’ unpaid statutory bereavement leave will be a day one right and those eligible will include spouses and long-term partners / cohabitees, adult children, siblings (including step and adoptive) but not grandparents / grandchildren, aunts / uncles, in-laws. The leave entitlement lasts for 56 weeks after the bereavement and notice requirements are more stringent after the first eight weeks. Evidence is not required, Guidance is to be published before the entitlements come into force in April 2027.
In consultation 1 October 2026: ACAS published a draft code of practice on requests for flexible working. ACAS are seeking views on whether the updated guidance in the draft is clear and practical and if it will help employers and employees to apply the flexible working changes to be introduced under the ERA 2025. Consultation closes on 17 December 2026. Currently, the changes are planned to come in in autumn 2027.
In consultation 22 October 2026- the government published its draft Code of Practice on Dismissal and Re-engagement and launched a consultation on its contents. The Code provides good practice guidance on achieving a mutually agreed contractual variation, and addresses when the controversial ‘financial difficulties’ exemption will apply. The consultation closes on 17 December 2026.

In force 1 October 2026

Extension of time limits for bringing employment tribunal claims from 3 months to 6 months. The extension does not impact pre-existing rules on stopping the clock for ACAS early conciliation or the tribunal’s existing powers to extend time in appropriate cases.

The 6 month time limit will only apply to claims arising (i.e. the date of the less favourable treatment, detriment, or other infringement as the case may be) on or after 1 October 2026. In Scotland, the changes will take effect on 9 November 2026.

In force 30 October 2026

Trade Union issues:

Strengthening trade union right of access to workplaces.
Implementation of reforms to access and unfair practices during the recognition and derecognition process, and all remaining trade union recognition measures, including freezing the bargaining unit when an application is received.
Facilities for trade union officials and learning representatives, where the employer permits time off for trade union officials, they must provide the employee with such accommodation and other facilities for carrying out the duties or undergoing training.
Time off and facilities for union equality representatives.
Protection against detriment for taking industrial action.

Other issues:

Duty to take all reasonable steps to prevent sexual harassment. Where this duty is breached, the tribunal can uplift discrimination compensation by up to 25%.

Reasonable steps include:

carrying out assessments of a specified description (likely to cover risk assessments);
publishing plans or policies of a specified description (likely to cover action plans and sexual harassment policies)
taking steps relating to the reporting of sexual harassment
taking steps relating to the handling of complaints

The EHRC has the power to investigate and take enforcement action including to:

issue an unlawful act notice where an employer is found to have breached the Equality Act 2010 and require it to prepare an action plan setting out how it will remedy any continuing breach and prevent future breaches
enter into a binding agreement with an employer to prevent future unlawful acts
Seek a court injunction to restrain an employer from committing an unlawful act
Preventing third-party harassment (by a person other than the employer or one of its employees) in respect of all nine protected characteristics. See our previous Insight on how employers can prepare to try to ensure they have taken all reasonable steps to meet this significant obligation.
Changes to provisions concerning seafarers' wages and terms and conditions. The Seafarers’ Wages Act 2023 is updated and becomes the Seafarers’ (Wages and Working Conditions) Act 2023.