Ready or not: today marks the next wave of ERA changes

Today (30 October 2026), a number of key changes under the Employment Rights Act 2025 (ERA) come into force, in particular:

• Sexual harassment - a strengthened preventative duty
• Third-party harassment - employer liability is reintroduced
• Trade union access to workplaces

Anti-Harassment Reforms

From today, employers must take “all reasonable steps”, rather than simply “reasonable steps”, to prevent sexual harassment of employees in the course of their employment. Employers also face a stricter obligation to take "all reasonable steps" to prevent harassment from third parties (for example, customers).

An Employment Tribunal retains the power to uplift compensation by up to 25% where the preventative duty is breached in sexual harassment cases, but employers will now be judged against this higher standard.

What are “all” reasonable steps? For now, we don’t know for certain. Further guidance is expected in 2027. Until then, we suggest employers take a common-sense approach such as undertaking harassment risk assessments, implementing meaningful manager and employee training and ensuring that there are clear reporting mechanisms in place for employees.

Companies must also audit their external agreements, for example with suppliers and other third-parties, to ensure that there are appropriate anti-harassment provisions in place.

The key word here is prevention. Having a policy sitting on the shelf isn't by itself the answer (but if you need a policy, we can help you draft one!).

Opening Doors – Trade Union Access

Effective today, independent trade unions have a statutory right to request physical and/or digital access to workplaces, even where they have no members and are not recognised by the employer.

Access is intended to help unions meet, support, represent, recruit and organise workers, and facilitate collective bargaining. It cannot be used to organise industrial action. It is also not an unrestricted right to enter. Arrangements must be agreed with the employer or determined by the Central Arbitration Committee (CAC).

A request must be made using a prescribed template, but a union can send this to a publicly available email address of the employer (unless the employer has a designated email address for access requests). It is crucial for these inboxes to be monitored. Employers only have 15 working days to respond, explaining whether it agrees with the request or not. A 25-working-day negotiation period may follow and, if agreement cannot be reached, either party can refer the matter to the CAC to determine.

What should you do?

• identify a named contact(s) who will handle requests
• brief HR and managers on the applicable timeframes
• familiarise yourselves with the template access request response in the new Code of Practice
• in complement, ensure meaningful employee forums and feedback mechanisms are in place to improve employee engagement and give employees an internal voice.

Having a clear process now will help avoid a rushed response if a request arrives. 

The separate requirement for employers to provide workers with a written statement informing them of their right to join a trade union does not take effect today, having been deferred until January 2027.

If you have any questions about the Employment Rights Act 2025 and the steps your organisation should be taking in light of the legislative changes, please contact the Employment Team.