Employment Edit: 15 October 2026
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New anti-harassment protections will be in force shortly meaning an employer may be liable if a third party harasses one of its workers. In the latest episode of our podcast ERA Explained, we speak to highly experienced GC, Christy Baker, on how businesses can address this new corporate risk in the context of the supplier relationship.
Watch or listen hereThe time limit for bringing an employment tribunal claim has changed. For dismissals or alleged incidents occurring on or after 1 October 2026, the time limit to bring an employment tribunal claim is now six months.
It will take a little while for the impact of this change to be felt on the ground, particularly as the previous three-month time limit continues to apply to dismissals or incidents that occurred prior to 1 October 2026. Employers should make sure that relevant staff, such as your HR and People teams, are aware of the change and know when to take advice on which time limit applies – for example, where the claim relates to a series of acts over a period.
We shared our thoughts on the time limit change and its practical implications (covering issues such as witness evidence and document retention procedures) with online HR resource Brightmine.
Read moreImportant changes to the UK’s regime to prevent illegal working also came into effect on 1 October 2026. In this article, we look at what has changed and how organisations need to adapt their processes to comply.
If you would like advice on how to update your processes and contracts, please get in touch with your usual Burges Salmon contact or a member of the business immigration team.
Read moreYesterday, the government launched a consultation into employment status reform and new protections for the self-employed.
Employment status is currently split into three groups – employees, workers and the self-employed. In its 2024 Plan to Make Work Pay, Labour included plans to move towards a single status of worker. Under that proposal, the status of “employee” would be scrapped (effectively merging workers and employees into the same group), and all workers would benefit from the same employment law rights. In yesterday’s consultation paper, the government indicated that creating a single status of worker is a longer-term goal.
In the shorter term, the government plans on targeted reform of employment status to tackle the most pressing issues. Some of the key proposals outlined in the consultation (which closes on 8 January 2027) include:
Last week, in a speech at the Innovation Nation Summit, the Prime Minister announced that the government intends to legislate to ensure that non-compete clauses “will no longer be a barrier to hiring for our most promising startups and scaling firms”. He also announced plans to ensure that workers in the foundational, everyday economy are not prevented from moving jobs.
A non-compete clause prevents an employee from working for, or setting up, a competing business for a period after the termination of their employment with the relevant employer. To combat concerns that such clauses are a barrier to innovation, the government published a working paper in November 2025 exploring different options for reform. These options included a statutory limit on the length of non-compete clauses, banning non-compete clauses in employment contracts or banning non-compete clauses below a certain salary threshold.
In his speech, the Prime Minister did not give any details on which of these (or other) options would be implemented or when the reforms might take effect. Employers who rely on non-compete clauses (or their deterrent effect) will need to keep a close eye on developments and, in the meantime, may want to start considering how to build business protection into their employment terms in other ways, such as via non-solicitation clauses.
Earlier this week, the government kicked off a new consultation into the UK’s whistleblowing framework. The consultation (which closes on Friday 8 January 2027) seeks views on whether the framework is effective and, if not, how it should be reformed.
So, what’s on the table? Here are some of the most noteworthy questions posed in the consultation:
Acas has launched a consultation into a new draft Code of Practice on requests for flexible working, with the consultation set to close on 17 December 2026.
The draft Code includes updates to reflect the flexible working reforms contained in the Employment Rights Act 2025 – namely a new reasonableness test and a new process for consulting with employees about their flexible working request. For more information on these reforms and their planned implementation in autumn 2027, check out our ERA hub page on flexible working.
The draft includes guidance on how an employer can find and use evidence (such as workforce, service delivery and customer data or views from staff) to make a decision about a request. It also includes more detail on the steps that an employer should take to consult with the employee, including a recommendation to discuss whether the requested working arrangement may be needed as a reasonable adjustment under the Equality Act 2010.
From 30 October 2026, trade unions will have a new statutory right to seek access (digital and/or physical) to workplaces. Last week, we held a webinar walking through the new regime and considering what it means for employers. The webinar is now available on demand.
Our live webinar polls provided an interesting snapshot of employer experience and expectations. There was positive news to start with: among those with experience of working with trade unions, the clear majority said these experiences had been mostly or sometimes constructive. Looking ahead, the new right of access is certainly on people’s radar. Almost half of poll respondents had either received an access request or are expecting one within the next 12 months. And when asked where their concerns lay about the new right, tight response deadlines and the potential for access to provide a route to union recognition topped the list.
Watch nowSticking with the trade union theme, our latest blog post explores the new requirement for employers to notify employees of their right to join a trade union which is now expected to take effect in January 2027.
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To understand the implications for employers of October’s anti-harassment reforms, why not catch up on our recent online discussion in which we discuss what’s changing and how you can prepare?
Watch now
In this mini-series, we focus on upcoming ERA changes to unfair dismissal with episodes covering probationary periods, the changing role of the line manager and high-risk dismissals.
Watch or listen here
In this webinar, our financial services specialists explored the key issues facing HR professionals in FS firms in light of the FCA’s new rules and guidance on non-financial misconduct.
Watch nowWant to know more about the Employment Rights Act 2025? Our hub is a treasure trove of practical employer resources.
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