October 2026 Changes Schools and Trusts Need to Prepare For

Welcome to our latest article in our series on the Employment Rights Act (ERA). If you have missed any of our previous articles, you can read them here.

The Employment Rights Act 2025 continues to introduce significant changes to employment law in stages. Following the reforms that took effect earlier this year, the next phase of implementation arrives during October 2026 and brings changes that will impact schools and trusts across several areas.

So let’s look at the key changes taking effect in October 2026 and outline the practical steps schools and trusts should take to prepare.

What is changing and why?

The October 2026 changes focus on strengthening workplace protections for employees and workers.  The reforms include:

• Extension of Employment Tribunal claim time limits from three months to six months.
• Enhanced employer obligations to prevent sexual harassment.
• New liability relating to harassment by third parties.
• A range of trade union reforms, including new employer obligations regarding workers' rights to join a trade union.

Employment Tribunal Time Limits 

What is changing?

From 1 October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months to six months.

Why does this matter?

The extension provides employees and workers with a longer period in which to consider and pursue legal claims. Whilst this may create additional opportunities for disputes to be resolved before proceedings are issued, it also extends the period during which employers may face uncertainty regarding potential litigation.

For schools and trusts, this means that records, investigation documents and supporting evidence may need to be retained for longer periods. It also increases the importance of maintaining accurate records and ensuring that managers document concerns, meetings and decisions simultaneously.

Strengthened Duty to Prevent Sexual Harassment

What is changing?

Employers are already required to take reasonable steps to prevent sexual harassment in the workplace. From 30 October 2026, this obligation will increase to a duty to take all reasonable steps to prevent sexual harassment of employees.

Why is this significant?

This raises the standard expected of employers. Having a policy alone is unlikely to be sufficient. Schools and trusts will need to demonstrate that they have proactively identified risks, delivered appropriate training, encouraged reporting, and regularly reviewed the effectiveness of their preventative measures

The expectation is that organisations will be able to evidence the practical steps they have taken to reduce the risk of harassment occurring.

Liability for Third-Party Harassment

What is changing?

From 30 October 2026, employers will also have a duty not to permit harassment of employees by third parties where they have failed to take all reasonable steps to prevent it. This protection applies equally to harassment related to any protected characteristic.

What does this mean for schools and trusts?

This is a particularly important change for education settings. Third parties may include:

• Parents and carers
• Pupils and students
• Contractors and suppliers
• Agency workers
• Visitors
• Members of the public
• Governors and trustees

Where a member of staff experiences harassment from a third party, schools and trusts will need to demonstrate that they took all reasonable steps to prevent the behaviour and responded appropriately when concerns were raised.

Schools should therefore ensure that reporting routes are clear and that staff feel confident raising concerns regarding inappropriate behaviour from individuals who are not employees.

Trade Union Reforms

What is changing?

A number of trade union reforms are also expected to take effect from 30 October 2026. These include:

• A new duty on employers to inform workers of their right to join a trade union.
• Enhanced rights of access for recognised trade unions.
• Increased protections for trade union representatives.
• Additional protections relating to industrial action.

What does this mean for schools and trusts?

Schools and trusts should review onboarding documents, staff handbooks and contracts to ensure they contain the required information regarding trade union rights.

Employers with recognised trade unions should also familiarise themselves with the updated access and facility arrangements that may apply under the new framework.

How to Prepare

Schools and trusts should take the opportunity now to review their policies, procedures and management practices before the October implementation dates.

Looking Ahead: January 2027 and Beyond

Whilst October 2026 introduces significant changes relating to harassment, tribunal claims and trade union rights, schools and trusts should also keep an eye on the next phase of reforms expected from January 2027.

The Government has indicated that upcoming changes are expected to include:

• Removal of the current two-year qualifying period for unfair dismissal protection. 
• Unfair dismissal cap to be removed.
• New protections relating to dismissal and re-engagement ("fire and rehire").
• Further changes affecting zero-hours and casual working arrangements.

Many of the detailed regulations and accompanying guidance are still being developed, but these reforms are expected to have significant implications for recruitment, probation management, performance processes and workforce planning within schools and trusts.

We will continue to provide updates as further details become available. An update regarding unfair dismissal changes has already been published and can be found here.

How Judicium Can Help You

To reflect the forthcoming changes we are in the process of reviewing and updating the relevant policies and other supporting resources. 

We will let you know when these are updated.  If you are already an ELHR client, you can access these documents in the usual way. If you would like us to review any of your policies or documents, please feel free to send them to the team. 

Stay Informed... 

The Employment Rights Act represents a major shift in employment law. Most changes are not immediate, but schools/trusts that prepare now will be better placed to manage risk, control costs, and maintain positive staff relations.

We will continue to send out regular updates on the different aspects of the Act to keep you informed of the changes. Watch out for more updates, which will focus on forthcoming changes and how you can prepare.

Subscribe here to keep informed of the proposed changes and how best to prepare for them. Our team are also here to help our clients review policies, train managers, and prepare for the new landscape.

As always, we're here to support you with any questions you may have in relation to the Employment Rights Act 2025. Please don’t hesitate to get in touch via the usual channels if you need advice or assistance.   

You can contact us at employmentlawadvice@judicium.com and you can find information regarding our Employment Law and HR service  here. 

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