Employment Plus

ERA - one week reminder: reforms to trade union access rights and enhanced duties to prevent workplace harassment

Key reforms under the Employment Rights Act 2025 come into force on 30 October. On the trade union side, independent unions will be able to make statutory requests for physical and digital access to workers, even where the employer does not recognise the union. Employers will have tight statutory deadlines to respond and negotiate once a request is received, meaning many organisations will need to get response plans in place for handling such requests. The reforms will also amend the scheme for the recognition of trade unions. A draft revised Code of Practice reflects the changes including earlier application of unfair practice rules and workforce access rights, shorter access negotiations, longer periods for raising unfair practice allegations and enhanced guidance on the frequency, duration and digital aspects of union access. Publication of the new Code is also expected on 30 October, pending final approval.  
The ERA also strengthens protection against workplace harassment from 30 October. Employers will have an enhanced duty to take all reasonable steps to prevent sexual harassment. The reforms also extend the duty to prevent harassment to create an express liability where employees are harassed by customers, contractors or other third parties, unless employers can demonstrate appropriate preventative measures. These protections extend beyond sexual harassment and cover additional protected characteristics under the Equality Act 2010. Acas has updated its guidance on workplace sexual harassment and third party harassment to reflect the upcoming changes. The EHRC will also be publishing updated guidance; in the meantime, employers should refer to existing technical guidance on sexual harassment and harassment.
You can read more analysis of these reforms, and about products and support offered by the Employment & Incentives team, in our recent Outlaw articles linked below. 

NHS England publishes guidance on use of staff facilities following EHRC statutory guidance for service providers 

NHS England has published new guidance on NHS staff facilities, which states that NHS trusts, foundation trusts and integrated care boards should review their policies and provision for staff toilets, changing, washing and showering facilities and staff accommodation. 
The guidance follows the Supreme Court’s ruling in For Women Scotland Ltd v The Scottish Ministers that “sex” under the Equality Act 2010 means biological sex, and the subsequent revised EHRC Code of Practice for services, public functions and associations. Pending updated employment specific guidance from the EHRC, NHS organisations are advised to act now, including auditing existing facilities and ensuring there are sufficient options to protect the privacy, dignity and safety of all staff. This may include providing single-occupancy or mixed-sex facilities with individual lockable rooms, alongside single-sex provision.
The guidance stresses that employers should consider the rights and impacts on all staff groups and balance them proportionately. Policy or infrastructure changes should be supported by equality impact assessments and engagement with staff, networks and trade unions. Any restrictions or exclusions under the Equality Act must be objectively justified, evidence-based, documented and proportionate. Boards should seek assurance that policies comply with relevant legal requirements and provide dignified facilities for all staff. Policies will need to be reviewed regularly and NHS organisations should, as a minimum, commit to reviewing them within one year of the guidance’s publication. Although the guidance is directed at NHS organisations, it will be of wider interest to employers reviewing their own workplace facilities. NHS England anchors its approach and guidance to the obligations under the Equality Act and the Workplace (Health, Safety and Welfare) Regulations 1992.

Newly formed Fair Work Agency publishes guidance on spotting signs of labour exploitation

The Fair Work Agency, which launched on 7 April 2026 as part of the ERA enforcement reforms, has published new guidance to help businesses and individuals spot the signs of labour exploitation. The government intends for the FWA to bring enforcement of key employment rights into one place. It has powers to investigate breaches, issue civil penalties and act against labour exploitation. Its current functions include National Minimum Wage compliance, regulation of employment agencies and the gangmasters licensing scheme, with its remit set to expand further, including enforcement of statutory holiday pay from 2027. As well as an enforcement role, the FWA is intended to provide employers with guidance and support to help them understand and comply with their legal obligations. The new guidance on spotting signs of labour exploitation, published on 15 October, identifies warning signs of human trafficking, forced labour and wider labour abuse, including workers receiving little or no pay, working long hours without time off, being unable to choose when or where they work, lacking an employment contract, or being dependent on an employer for work, travel and accommodation. It also highlights less obvious indicators, such as someone else controlling a worker's identity documents, money or communication. Employers who identify potential exploitation should seek advice from the FWA before approaching the potential victim, to protect the individual and any future investigation. The guidance is a useful reminder for employers, particularly those using agency, temporary or other supplied labour, to remain alert to potential exploitation within their workforce and labour supply arrangements.

Immigration and Asylum Bill 2026: factsheets and impact assessment published

The Home Office has published factsheets on the Immigration and Asylum Bill, together with an updated impact assessment examining its costs and benefits. The Bill, introduced to Parliament on 30 June, proposes wide-ranging reforms to the immigration and asylum system, including changes to immigration appeals, Article 8, asylum support and protection, and the modern slavery framework. Of direct relevance to businesses are proposals to strengthen modern slavery reporting and supply-chain transparency. Businesses and public sector organisations in scope will face increased expectations to report on action taken to address modern slavery in their supply chains, backed by stronger enforcement and financial penalties for non-compliance. Fines could reach up to £1 million, and potentially much higher for the biggest businesses. The impact assessment adds that mandatory reporting topics will be introduced and statements will have to be submitted to the Modern Slavery Statement Registry, with organisations required to cover the specified areas or be transparent where they have taken no action. 
The government intends the changes to improve the quality of modern slavery statements, increase compliance and make statements more readily accessible to consumers, investors and civil society. Its objective is for at least 95% of organisations in scope to have submitted compliant statements within 30 months of commencement. Enforcement action is intended to begin once organisations have been through a full financial year under the new requirements, plus six months, making these proposals a significant development for businesses currently subject to modern slavery reporting obligations. The Immigration and Asylum Bill is still progressing through Parliament. 

EDPB highlights data protection risks of smart glasses

The European Data Protection Board has published an initial statement on the data protection implications of smart glasses, as the technology becomes more widely available. Smart glasses can incorporate cameras and microphones while resembling ordinary glasses, creating a risk that individuals may be recorded without their knowledge. The EDPB identifies particular concerns in sensitive settings, including workplaces, and highlights transparency as a key challenge because those being filmed or recorded may not know that their personal data is being processed, by whom or for what purpose. The EDPB clarifies that responsibility under the GDPR depends on how smart glasses are used. A user who shares photos or videos on a public social media account, or uses the glasses for official, professional or political activities, may be a data controller. By contrast, purely personal activities may fall within the household exemption, although other criminal, civil, labour or sector-specific rules may still apply. Producers and providers of linked applications or services that are themselves data controllers cannot transfer their data protection obligations to users. The statement calls for recording to be made obvious to those nearby, for example through prominent lights, audio signals, voice-activation cues, privacy-friendly smartphone notifications or distinctive designs. It also encourages the development of industry standards and awareness-raising measures so that individuals can better understand when smart glasses are being used and how their personal data is being processed.
For employers, the guidance is a useful prompt to consider how smart glasses are already being used, or might be used, within their organisation. As a practical step, employers could consider whether existing policies on workplace recording, personal devices and data protection adequately address wearable technology, and whether staff understand when recording through smart glasses may be inappropriate. Where an organisation is considering introducing the technology itself, the EDPB’s emphasis on making recording obvious to bystanders and ensuring transparency provides a helpful starting point when considering the privacy implications.

Real Living Wage rises to £14.10 across the UK and £15.45 in London

The Living Wage Foundation has announced new real Living Wage rates of £14.10 an hour across the UK and £15.45 an hour in London, increases of 4.8% and 4.4% respectively. The rates were announced on 15 October and accredited Living Wage Employers are expected to implement them as soon as possible and by 1 May 2027 at the latest. The real Living Wage is a voluntary rate set by the Living Wage Foundation, based on the cost of living. It is separate from the statutory National Living Wage (NLW), which is the legal minimum for workers aged 21 and over, and the National Minimum Wage (NMW), which sets statutory minimum rates for younger workers and qualifying apprentices. From 1 April 2026, the NLW is £12.71 an hour, while the NMW is £10.85 for 18 to 20-year-olds and £8.00 for under-18s and qualifying apprentices. Nearly 17,000 employers are signed up to pay the real Living Wage. The Foundation estimates that a full-time worker receiving the new UK rate will earn over £2,700 more a year than someone receiving the current statutory minimum, rising to over £5,300 more in London. Accredited Living Wage Employers will therefore need to factor the new rates into their pay costs, while other businesses may want to consider them when reviewing their wider pay and reward strategies. 

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