Longer tribunal deadlines and tougher harassment rules: What employers need to know

Employment law continues to evolve, with employers facing increased responsibilities and a longer period of potential legal exposure.

Staying up to date with changing legislation

Employment law continues to evolve, with employers facing increased responsibilities and a longer period of potential legal exposure.

From October 2026, most Employment Tribunal claim time limits are going to double from three months to six months, while additional workplace harassment protections are also coming into force as part of the wider Employment Rights Act reforms. These changes are designed to strengthen employee protections, but they also increase the importance of robust workplace policies, training and record-keeping

More time to bring tribunal claims

Currently, most Employment Tribunal claims must be brought within three months less one day of the act complained of. From 1 October 2026, that period is set to increase to six months for most claims. This includes claims such as unfair dismissal, discrimination and harassment, bringing it in line with the current limitation for statutory redundancy and equal pay claims.

The change is intended to improve access to justice, giving employees more time to seek advice, gather evidence and consider their options before starting legal proceedings. The government has stated that the extension should also reduce pressure on individuals dealing with complex workplace disputes.

For employers, however, the practical impact is clear. Potential claims may remain live for twice as long, increasing the need to retain documents, investigation records, correspondence and witness evidence for longer periods. Employers should also be prepared for disputes to arise many months after an employee has left the business.

Strengthening protection against workplace harassment

Alongside longer tribunal deadlines, employers are facing additional obligations in relation to workplace harassment.

Since October 2024, employers have already been under a duty to take reasonable steps to prevent sexual harassment in the workplace. The next phase of reforms strengthens these requirements further, moving towards an expectation that employers take all reasonable steps to prevent harassment before it occurs.

What amounts to ‘all reasonable steps’ will depend on the circumstances of the organisation, including its size, sector and the nature of its activities. These factors are likely to be considered by an Employment Tribunal when assessing compliance. The key change is the shift towards a company-wide, proactive approach to preventing sexual harassment and an expectation to implement all reasonable measures available to them, rather than relying on having taken only some reasonable steps.

Sexual harassment and whistleblowing

The importance of taking all steps to prevent harassment is reinforced by changes to whistleblowing protections when disclosures are linked to sexual harassment. Since April 2026, reports of sexual harassment have been brought within the scope of protected disclosures, giving workers enhanced protection if they raise concerns about harassment occurring in the workplace. Employees who speak up about actual or potential sexual harassment should be protected from detrimental treatment or retaliation.

This increases the importance of ensuring whistleblowing procedures are up to date and that managers understand how to handle complaints appropriately.

Third-Party Harassment

The reforms also introduce employer liability for certain forms of third-party harassment. This means organisations may face liability where employees are subjected to harassment by customers, clients, contractors or other external parties and the employer has failed to take all reasonable steps to prevent harassment. This covers all types of harassment.

For customer-facing businesses, this is a particularly significant development. Employers can no longer focus solely on employee-to-employee conduct. They must also consider risks arising from interactions with clients, suppliers and members of the public.

What should employers do now?

With tribunal deadlines becoming longer and harassment protections becoming wider, employers should act now rather than waiting for claims to arise.

Key areas to review include:

• Anti-harassment and dignity at work policies.
• Whistleblowing procedures.
• Staff training programmes.
• Manager training on handling complaints.
• Reporting and investigation processes.
• Document retention and record-keeping procedures.
• Risk assessments for customer-facing and public-facing roles.

Employers should also consider whether existing workplace culture supports employees in raising concerns early. Identifying and resolving issues internally remains far preferable to defending lengthy and potentially expensive tribunal proceedings.

Looking ahead

The Employment Rights Act reforms represent one of the most significant shifts in UK employment law for many years. While the extension of tribunal time limits may appear to be a procedural change, it could have a substantial impact on how employers manage workplace disputes. Combined with enhanced harassment protections and greater accountability for employers, the message is clear: prevention, training and early intervention are becoming more important than ever.

Businesses that review their policies, strengthen their workplace culture and seek advice when issues arise will be better placed to navigate the changing legal landscape and reduce the risk of costly employment disputes.

Need help understanding your employment law obligations? Early legal advice can help organisations manage workplace complaints effectively and minimise the risk of tribunal claims before problems escalate.

Disclaimer: all information in this article was correct at time of publishing.

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