As part of the radical and wide ranging changes brought in by the Government under the Employment Rights Act 2025, we remind employers that these will be taking effect in October:
What changes are coming into force in October 2026:
- Duty to take all reasonable steps to prevent sexual harassment
- Power to make regulations specifying what will amount to all reasonable steps to prevent sexual harassment
- Third-party harassment
- Right to a statement of trade union rights
- Trade union right of access
- Facilities for trade union officials and learning representatives (requires commencement regulations and an Acas Code of Practice).
- Time off and facilities for union equality representatives (requires commencement regulations and an Acas Code of Practice)
- Protection against detriment for taking industrial action (requires further substantive regulations)
- Unfair practices in the trade union recognition process.
- Tips and gratuities (requires commencement regulations)
- Public sector outsourcing (requires further substantive regulations) designed to eliminate the “two-tier workforce.” This will ensure private sector staff working on outsourced public contracts are not treated less favourably than their public sector counterpart
TO DO
- Update Sexual Harassment Policy
- Update contracts to ensure that they provide for the right to join a union
Written Notice Requirement: Employers must provide a written statement to new and existing workers informing them of their right to join a trade union.
Contractual Integration: This notification may be incorporated into the mandatory “day 1” statement of employment particulars.
- Ensure that all staff working on public sector projects receive same T&Cs
If you need help navigating these changes we are here to help call us on 0203 858 7965 or email info@mulberryssolicitors.com
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