Upcoming HR and Employment Law Changes

 

As you will be aware from previous communications, there are a number of changes coming over October. Some of these are still to be fully confirmed and finalised, but please see below a summary of what we know so far.

also below are details of a webinar later in September where we will discuss the upcoming changes to the ACAS disciplinary and grievance process, which is currently in consultation.  The webinar will also touch on the other areas and employment law updates below

 

Employment Tribunal Claims –

Time limit to raise a claim to ACAS extends to 6 months (from current 3 months) on 1st October.

 

Sexual Harassment –

There are changes to sexual harassment legislation in October, which are summarised in the table below –

Before 30th October 2026 After 30th October 2026
Take reasonable steps to prevent sexual harassment Take ALL reasonable steps to prevent sexual harassment
Harassment by third parties does not fall under the responsibility of the employer Harassment by a third party can not be permitted – including customers, suppliers, or clients
It can be legal to have an NDA which prevents the disclosure of harassment NDAs which prevent harassment disclosures may become void, unless an “excepted agreement” is reached

 

Practical Steps –

  • Ensure policies and procedures are in place, and you have processes for reporting and handling complaints
  • Ensure managers and staff are trained and understand their responsibilities
  • Monitor and audit relationships with third parties, and establish what employees have third party or customer contact – consider how you can minimise risk
  • Ensure templates, settlement agreements, NDAs etc are up to date
  • Carry out risk assessments – make sure you identify where sexual harassment could occur and how you plan to prevent it

 

Unfair Dismissal Legislation –

This is already in place, to change the unfair dismissal period from 2 years to 6 months – and is effective from 1st January 2027.

Remember –

  • This 6-month period will include notice
  • You need to be able to evidence conversations held, support provided, and how you have reached the decision to dismiss
  • Review probationary periods if you haven’t already done so, and also review how you monitor and record performance during the initial period (and beyond)

 

Tipping Legislation

A date is not yet confirmed for tips changes, but is likely to be in October.

This will require employers to –

  • consult before creating or reviewing a tipping policy. This is either:
  • with the trade union or worker representatives, if they have them
  • directly with workers

Employers will also need to:

  • share an anonymised summary of consultation feedback with affected workers
  • update their tipping policy at least every 3 years
  • pay tips to workers no later than the end of the month after which they were received

 

Union Membership

  • Employers will be required to provide workers with a statement informing them of their right to join a trade union in accordance with Regulations. This statement must be provided at the start of employment alongside the statement of employment particulars and at other prescribed times.
  • Further details will be provided in September – we will keep you updated

 

Right to Work

Right to work: the draft Code for 1 October 2026 is out.

The duty currently only covers employees. From 1 October it includes anyone who has to do the work personally:

  • casual and zero hours staff,
  • subcontractors brought in to deliver a job your client manages,
  • people engaged through an app or platform.
  • Genuine suppliers stay out.

Further details can be found on this link – Right to Work Checks for Contractors: New Rules October 2026

 

Webinar

Topic: ACAS Consultation Webinar

Time: Sep 24, 2026 10:00 AM London

Join Zoom Meeting

https://us06web.zoom.us/j/89542572238?pwd=5NuutSYFaUkPtZXjpVyeUjYHNdjJz2.1

 

Meeting ID: 895 4257 2238

Passcode: 140512

 

Ongoing Support

We will continue to update you as further details become available.  For clients, we will also ensure the necessary updates are made to wording within employment contracts, handbooks etc.

If you have any questions at all in the meantime, please contact us on team@hrprime.co.uk