Employment Rights Act 2025: the October 2026 changes and what to write down

The Employment Rights Act 2025 is coming into force in stages. Two October 2026 changes matter most if you are dealing with harassment or bullying at work: most employment tribunal time limits rose from 3 months to 6 months from 1 October 2026, and two new harassment duties for employers came into force on 30 October 2026. Because the rules that apply can depend on when something happened, the most useful thing to do now is to keep a dated diary. This guide covers Great Britain (England, Scotland and Wales) and is not legal advice.

What changes in October 2026, and its status

GOV.UK's implementation timetable lists both harassment changes among the measures that took effect on 30 October 2026, and says future dates remain subject to parliamentary processes and may change. Check the current timetable, or legislation.gov.uk, before relying on a date.

The two harassment changes in plain terms

All reasonable steps. Section 40A of the Equality Act 2010, in force since 26 October 2024, requires employers to take reasonable steps to prevent sexual harassment of their employees in the course of their employment. Section 20 of the 2025 Act, in force from 30 October 2026, inserts the word “all”, so the duty is now “all reasonable steps”.

Harassment by third parties. Section 21, also in force from 30 October 2026, adds a rule that an employer must not permit a third party to harass its employees. Under the new wording, an employer permits it only if the harassment happens in the course of the employee's work and the employer failed to take all reasonable steps to prevent it. A third party is anyone other than the employer or its employees. Acas's examples include customers, clients, patients, contractors and members of the public, online or in person.

Harassment here has its meaning in section 26 of the Equality Act 2010: in outline, unwanted conduct related to a protected characteristic such as race, sex or disability, or of a sexual nature, that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for you. Whether an incident meets that meaning is for your employer's process, an adviser or a tribunal.

What to write in your diary now

• Date and time of each incident, and separately the date you wrote it up. With rules changing on set dates, the exact date matters.
• Who it was: a colleague, a manager or a third party such as a customer, client or patient. For a third party, note only what you already know.
• Where: the shop floor, ward, phone line, email or online channel.
• What was said or done, with exact words in quotation marks only where you are sure.
• Who was there or could have seen it.
• Who you told and when: your manager, HR or a reporting system, with any reference number.
• What happened next: any reply or step your employer took, or none.

If your workplace has a policy on harassment by customers or the public, note the reporting route it gives. A fictional example: “Saturday 19 September 2026, about 14:20, till 3. A customer made a comment about my accent and used a racial slur when I asked for ID. Two colleagues were on the next tills. Reported to the duty manager at 14:35; she said she would add it to the incident log. Written 18:10 the same day.”

Next steps: grievance, Acas and time limits

To raise it at work, follow your employer's grievance or bullying and harassment procedure. Our guides cover writing a grievance letter about bullying and keeping a bullying at work diary. If you are thinking about a tribunal claim, check your time limit early: Acas says grievance and appeal procedures do not change it, and the tribunal time limit checklist explains whether the 3-month or 6-month limit is likely to apply. The Acas helpline can talk through your options.

Kirokune keeps your diary entries, photos and imported chats in one private case on your iPhone, in time order. It helps you organise what happened; it does not decide what happened or give legal advice.

Frequently asked questions

What changes in October 2026 under the Employment Rights Act 2025?

From 1 October 2026, most employment tribunal time limits rise from 3 months to 6 months (minus 1 day) where the time limit starts on or after that date. The duty to take all reasonable steps to prevent sexual harassment and the duty not to permit harassment by third parties came into force on 30 October 2026 (S.I. 2026/1065).

Is the third-party harassment duty in force yet?

Yes. When we checked on 31 October 2026, legislation.gov.uk showed section 21 of the Act in force from 30 October 2026, under S.I. 2026/1065. Check the current status on GOV.UK or legislation.gov.uk before relying on it.

Should I wait for the new law before writing things down?

No. Write each incident down with its date now. Which rules apply can depend on when something happened, and dated entries make it easier for an adviser to see what applied at the time.

Kirokune helps you keep a record. It does not diagnose, decide what happened, or give legal advice.