With significant recent changes in employment law having just come in to force in Great Britain on 6th April 2026, employers may be hoping there won’t be any more changes for a while.
Unfortunately the phased implementation of the Employment Rights Act means there is little respite for employers, HR and lawyers as further changes are coming throughout 2026 and 2027. In this article, we focus on the two that are likely to have the most significant impact and will require further policy updates in due course.
October 2026 - Harassment
Employers will be liable for harassment of employees by third parties, for example customers, suppliers or service users - unless they have taken all reasonable steps to prevent it happening. This will apply to all types of harassment.
Employers should risk assess the prospect of third party harassment and take steps to minimise risk. Examples may include:
- Minimising lone working
- Communicating a zero tolerance approach to third parties - by providing copies of policies and/or displaying signs in the workplace
- Providing training to all staff
- Dealing robustly with any complaints, including banning from the premises any third party found to have harassed an employee
Employers should already be taking steps to eliminate harassment in the workplace. The increased list from October makes this more important still.
January 2027 - Unfair dismissal
Protection from unfair dismissal will become a right after 6 months of service from 1st January 2027. Currently, someone must have worked for their employer for 2 years before claiming unfair dismissal in most circumstances.
It is important to note that this means that only employees who started their employment before 1st January 2025 will require 2 years service. Anyone employed between then and 1st July 2026 will have the right to claim unfair dismissal from 1st January 2026. Anyone engaged after 1st July 2026 will only require 6 months service before being eligible to claim unfair dismissal.
The impact of this will be significant, particularly in relation to probationary periods. Currently, an employer may operate a 6 month probationary period and extend this if more time is needed to assess an employee’s suitability for ongoing employment. From January, this will be problematic and employers would be well advised to make a decision about an employee’s suitability for the job well before the date of accrual of 6 months service.
The reduction in qualifying service required is intended to bolster employment rights. However, it may lead to more dismissals in the first 6 months of service as employers who may otherwise have allowed more time for a new employee to prove themselves decide to terminate employment before the employee can claim unfair dismissal.
Also from 1st January 2027, if an employer dismisses an employee and offers to rehire them on less favourable rehiring terms and conditions, this will be an automatically unfair dismissal in most cases.
We will be supporting our clients in Great Britain in preparing for these further changes with policy updates, memos, Zoom calls and answering their questions. If you are interested in engaging us to support you as you navigate employment law, please get in touch.
If you would like further information about this topic or need advice on an employment law or HR issue, please contact us.
