The Employment Rights Act 2025 changes continue to dominate the landscape for people professionals; in this round-up we update on recent timeline changes as well as the latest consultations.

We have more on the new duty to prevent harassment by third parties.

We also highlight an EAT decision looking at the role of occupational health reports in disability discrimination cases.  

Employment Rights Act 2025 tracker update 

We have updated our tracker on employment law changes under the Employment Rights Act 2025 to reflect changes the UK Government has made to the implementation timeline:

  • Balloting changes came into force on 25 August, plus other changes to trade union rules.
  • The tribunal time limit changes (the extension of the employment tribunal claim time limit will take effect on 1 October 2026 in England and Wales, and November in Scotland). 
  • Changes to sexual harassment and third party harassment have been split over two dates in October (the strengthening of the duty to prevent sexual harassment, to a duty to take 'all' reasonable steps, and the introduction of the duty to prevent harassment by third parties come into force from 30 October 2026.
  • The UK Government has also confirmed that the October trade union changes also come into effect from 30 October). 
  • Plus, tipping changes are anticipated to be implemented ‘by the end of 2026.

We have included a short summary of the changes timeline at the end of this update, and keep our tracker regularly updated. 

Acas consultation on a revised Code of Practice on disciplinary and grievance procedures 

Acas has launched a consultation on a revised Code of Practice on disciplinary and grievance procedures, with increased emphasis on informal resolution of workplace issues.  

The consultation is open to everyone, and responses can be submitted using the online form or downloadable word document by 23 September 2026. CIPD members can access existing resources on managing discipline and grievance in the workplace through our guide for people professionals – we will be updating this once the updated Code of Practice is published following the consultation exercise. 

In addition to the Acas consultation, the following UK Government consultations are currently open: 

New duty to prevent third party harassment 

The Employment Rights Act 2025 introduces an obligation on employers to prevent harassment of their employees by third parties. While preventing harassment is not a new concept, the steps that employers will need to consider will require more thought and depth 

While compliance with the new duty will depend on the circumstances of the individual organisation and employees, our 'third party harassment prevention checklist' can help you understand some key areas to focus on in your organisation. 

First conviction secured by Fair Work Agency 

The Fair Work Agency has secured its first prosecution, against an individual supplying workers to an abattoir without a gangmaster's licence.  

The new labour market enforcement body - created by the Employment Rights Act 2025 - had its 'soft launch' on 7 April 2026. Initially tasked with consolidating existing enforcement bodies including the Gangmasters, the Labour Abuse Authority and HMRC's National Minimum Wage compliance unit, the FWA has a wider remit across several areas of labour market enforcement and more areas are expected to be added to its portfolio – including holiday pay enforcement, on which the Government is currently consulting (see above). 

CIPD members can access more information about the Fair Work Agency including infographics and explainer videos on our Fair Work Agency hub page. 

Spotlight on tribunal decisions 

When does an employer have 'knowledge' of an employee's disability?

The Employment Appeal Tribunal (EAT) looked recently at the knowledge an employer must have, or could be expected to have, of the 'disability' before becoming potentially liable for disability discrimination and the duty to make reasonable adjustments.

This case highlights the importance of paying attention to occupational health reports: In Cunningham v BBC [2026] EAT 92 the employer had an occupational health report, and information from the employee, along with common public knowledge about the condition (Type 2 diabetes) which the EAT held contributed to the employer’s knowledge of the disability.

More information on addressing disability discrimination issues in your organisation is covered in our disability discrimination UK employment law page. 

Employment Rights Act 2025: Changes coming soon 

25 August 2026  

  • Electronic and workplace balloting becomes available to trade unions holding statutory ballots.

1 October 2026  

  • Tribunal time limits will extend to six months to submit a claim (from three months).

31 October 2026 

  • Employers must give new starters a statement informing them of their right to join a trade union.
  • Regulations will be published to provide protection against all detriment for taking industrial action. 
  • Trade unions gain new rights of access to the workplace.
  • Duty to prevent sexual harassment in the workplace is strengthened. 
  • New obligation to prevent harassment by third parties in the workplace. 

By end of 2026 

  • New rules around tipping policies.

We have updated guides and tools and new resources such as 'before and after' infographics, checklists and risk assessment planning tools and explainer videos, which are available on the hub pages for the specific area of change: 

All information relating to the changes under the Employment Rights Act 2025 can be found on the ERA 2025 tracker. 

  • Employment law