The Employment Rights Act 2025 is being introduced in stages, with further changes scheduled for October 2026 and January 2027. These will affect how employers prevent harassment, inform workers about trade union rights and manage dismissals.
If your employment documents have not been reviewed since before April 2026, now is a good time to check for gaps. Updating them can help managers make consistent decisions, give employees clarity and reduce avoidable employment risk.
Which employment law changes could affect your handbook?
Stronger sexual harassment prevention duties
From 30 October 2026, employers are scheduled to be required to take all reasonable steps to prevent sexual harassment, strengthening the existing duty to take reasonable steps.
Your policy should make clear what behaviour is unacceptable, how concerns can be raised and how complaints will be handled. But the wording alone will not demonstrate that you are meeting your responsibilities.
It needs to be supported by risk assessments, appropriate training and evidence that concerns are acted on. Reviewing your policy is also an opportunity to check whether those arrangements work in practice.
New protections against third-party harassment
From 30 October 2026, employers are also scheduled to become liable for harassment of employees by third parties where they have failed to take all reasonable steps to prevent it.
Third parties can include customers, clients, contractors and members of the public. The protection extends beyond sexual harassment to other forms of harassment covered by the Equality Act 2010.
If your employees regularly interact with people outside your organisation, check that your policies explain how they can report concerns and what support they can expect. Managers also need clear guidance on responding to incidents and preventing them from happening again.
A written statement about trade union rights
From 1 January 2027, employers are scheduled to be required to give workers a written statement informing them of their right to join a trade union.
The government has outlined plans for a standardised statement. Regulations and further guidance are expected in November 2026 to confirm its content and how it must be provided.
This will require changes to onboarding documents and a process for providing the information to existing workers. Assigning responsibility now will help ensure the requirement is picked up when the final details are published.
Ordinary unfair dismissal protection after six months
For dismissals taking effect from 1 January 2027, the qualifying period for ordinary unfair dismissal is scheduled to fall from two years to six months.
Employers will have a shorter period to assess new employees, address concerns and make informed decisions. That makes clear probation arrangements, timely reviews and consistent record keeping more important.
The change will also affect existing employees. An employee who joined on 1 July 2026 will reach six months’ service on 1 January 2027, so the implications may already be relevant to people in your workforce.
Review your probation clauses alongside your capability and disciplinary procedures. A probation period does not override statutory rights, and managers should seek advice before making dismissal decisions.
Have you accounted for the April 2026 changes?
- Paternity leave and unpaid parental leave have become day-one rights. This does not automatically mean day-one entitlement to statutory pay.
- Statutory Sick Pay reforms have removed the lower earnings limit and three-day waiting period.
- Whistleblowing protections have been strengthened for workers who report sexual harassment.
If your handbook still refers to the previous rules, your family leave, sickness absence or whistleblowing policies may need updating.
What should a contracts and handbook review cover?
A useful review checks both the documents and how they are used. Focus on these six areas:
- Your last review date. Check which legal changes have been addressed and which remain outstanding.
- Harassment policies. Review reporting routes, third-party risks and the training and procedures that support prevention.
- Onboarding documents. Prepare for the trade union statement and check that offer letters, written statements and contracts are consistent.
- Probation and dismissal procedures. Make sure reviews happen promptly, concerns are documented and managers know when to seek advice.
- Family leave, sickness absence and whistleblowing policies. Check that they reflect the April 2026 changes.
- Manager guidance and employee communications. Ensure people can access the current documents and understand what has changed.
Where updates affect contractual terms, consultation and agreement may be needed. Take advice before introducing changes rather than assuming that issuing a revised handbook is enough.
Why review your employment documents now?
Outdated or inconsistent documents can leave managers unsure which process to follow and employees unclear about their rights. They can also make it harder to explain and defend decisions if a dispute arises.
Reviewing now gives you time to identify the changes needed, agree priorities and brief managers before the next deadlines. It also helps ensure your contracts and handbook remain useful tools for managing your workforce.
This article is for general information only and does not constitute legal advice. It reflects the law in England and Wales as at 2 October 2026.
