Employment Rights Act 2025 - October 2026 changes

The next phase of the Employment Rights Act 2025 (ERA 2025) will be coming next month (October 2026) and a summary of the changes are:-

  • Extension to the limitation period for many tribunal claims will increase from 3 months to 6 months (S.152 ERA 2025) which will be a welcome change for many employment lawyers, trade union advisors and claimants bringing relevant claims.
  • A recognition that trade unions should be able to condition ballots electronically in workplaces (S.73 ERA 2025) which will make it quicker and easier for members and potentially increase participation.
  • A new duty on employers to inform workers of their right to join a trade union through the statement of trade union rights (S.58 - Part 4 S.136A ERA 2025), changes to trade union access rights and recognition procedures (Chapter 5ZA ERA 2025 - Rights of Trade Unions To Access Workplaces), Strengthening of rights of trade union representatives such as union equality representatives, increased protection against taking lawful industrial action (S.236A amended ERA 2025).
  • Fair Pay Agreements process established in the adult social care sector (S.39 ERA 2025).
  • Last but by no means least enhanced protection against workplace harassment and the increase duty on employers to take 'all' reasonable steps (S.20-S.24 ERA 2025) to prevent third party harassment related to any of the protected legal characteristics listed under the Equality Act 2010 because of a person's age, race, disability, religion or belief, sex or sexual orientation. This was discussed in my last blog.

Keep reading for more updates..... :-)

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