Time limits for ET claims extended and broader right to work checks in force today
Today brings two significant workforce reforms into force.
• ET time limits: ET claims now benefit from a six-month limitation period, replacing the previous three-month deadline. Transitional provisions mean the extended time limits generally apply only where the act complained of occurs on or after 1 October 2026. Scotland is expected to introduce the corresponding extension for ET breach of contract claims on 9 November 2026.
• Expanded right to work obligations: The government has widened right to work duties beyond traditional employment relationships to cover worker engagements, certain subcontracting arrangements and online matching services. In some circumstances, organisations can still face civil penalties even where another party carries out the right to work check, making it essential for employers to review the updated Home Office Employer's Guide and Code of Practice.
Government publishes details of written statement of right to join a trade union
The government has clarified employers’ new ERA obligations to inform workers of their trade union rights in its response to the 2025 consultation, and has also indicated a revised implementation timetable for the new requirement. The new law will also take effect from January 2027, rather than 30 October 2026 as previously scheduled. The statement will need to contain certain key trade union information, including a brief overview of trade union functions, information about any recognised unions and statutory access agreements, information on the Certification Officer’s list of trade unions, and a summary of statutory rights relating to union membership. New workers must receive the statement at the same time as their statement of employment particulars. Workers already employed when the duty comes into force, and who remain employed on 5 April 2027, must receive the statement, or be informed where it is continuously available and reasonably accessible, by that date. In practical terms, this means that employers using a direct method, such as an email notification, must provide the statement annually by 5 April, while those using an indirect method, such as an intranet or staff handbook, should provide an annual reminder of where it can be found. The detailed requirements will be set out in secondary legislation, which the government expects to lay before Parliament in November 2026, with further guidance to follow shortly afterwards. However, employers may wish to start planning for the change now, using the additional time from the shifted timetable to consider how they want to communicate this statement to current and new workers, what method they prefer, and by gathering key information relating to recognised trade unions relevant to their workforce.
Government publishes an updated ERA roadmap
The government has updated its ERA implementation roadmap, with several notable developments. As highlighted in our first story, the requirement to provide workers with a statement of their right to join a trade union has moved from October 2026 to 1 January 2027. Other points to note from the updated ERA roadmap include:
• NDA restrictions: The government now plans to introduce restrictions on the use of NDAs in workplace harassment and discrimination cases on a date to be confirmed in 2027. Previous versions of the roadmap did not include this measure.
• Tipping reforms: The government has confirmed that it will strengthen the law on tipping through a new statutory code of practice before the end of 2026, as expected.
• Industrial action ballots: The roadmap does not mention the repeal of the 50% turnout threshold for industrial action ballots. Many expected this change to accompany, or closely follow, the introduction of electronic balloting in August 2026. Its omission leaves uncertainty over when the government will deliver its commitment to make it easier for unions to secure a lawful mandate for industrial action.
• Two-tier code: The roadmap also omits the proposed two-tier workforce provisions, which seek to prevent workers delivering publicly procured services from being employed on less favourable terms than comparable colleagues. The government had previously indicated that these provisions would take effect on 30 October 2026, but it has neither included them in the updated roadmap nor provided any explanation for their absence. In the meantime, public authorities and suppliers should continue preparing for implementation where possible, despite the absence of draft regulations or revised timescales.
Employers prepare for the first trade union access requests
From 30 October 2026, independent trade unions can make statutory requests for physical and digital access to workers, even where the employer does not recognise the union. We expect a surge of requests from day one. The first union to secure access may gain a strategic advantage, so employers should prepare now rather than wait for a request to arrive. Once a request is made, the statutory timetable starts immediately: employers have 15 working days to respond and 25 working days to negotiate. Employers should therefore identify who will lead the response, how requests will be escalated and what operational or legal constraints may justify limiting access. Our new analysis on Outlaw will help employers assess their state of readiness for receiving an access request at the end of October. We are also directly working with employers to develop tailored access-readiness toolkits, including:
• HR guidance and statutory timelines;
• manager triage and escalation tools;
• negotiation plans covering priorities, red lines and alternatives;
• response and agreement templates;
• record-keeping checklists for potential legal proceedings; and
• training on the access regime and negotiations with trade unions.
In addition, our Employment Plus colleagues help employers strengthen employee communications as trade unions compete more actively for workforce engagement. To discuss a tailored toolkit, training or consultancy support, please contact Jon Fisher, Neil Black or your usual Pinsent Masons contact.
Employers prepare for strengthened harassment protection
From 30 October, the ERA will strengthen worker protections in two key areas, and employers are using the final weeks before implementation to prepare. Employers must take all reasonable steps to prevent sexual harassment, raising the existing standard, and they may face express liability where a third party harasses an employee in the course of employment, and they cannot show that they took all reasonable steps to prevent it. The third party harassment provisions go beyond sexual harassment and cover harassment linked to age, disability, race, religion, sex, sexual orientation, or gender reassignment. Our new analysis on Outlaw gives an overview of how employers can assess and document risks with a view to promoting a workplace culture in which harassment by colleagues and third parties is actively prevented and promptly addressed. Alongside our Employment Plus colleagues, we are helping clients:
• update harassment risk assessments to address the stronger duty to take ‘all’ reasonable steps to prevent sexual harassment and to incorporate expanded third-party harassment protections;
• deliver complex investigations training incorporating trauma-informed techniques; and
• equip employees, managers and board members with the skills to identify, challenge and report inappropriate behaviour through our active bystander and speak up programmes.
To discuss any of our harassment prevention offerings please contact Kate Dodd, Susannah Donaldson or your usual Pinsent Masons contact.
