Autumn employment law changes: what charity employers need to know
Autumn 2026 brings the first wave of reforms under the Employment Rights Act 2025. While many of the headline changes are still to come, there are several developments this year that charity employers should have on their radar.
From 1 October 2026
Employment tribunal time limits extended
The time limit for bringing most employment tribunal claims will increase from three months to six months (less one day), subject to the ACAS Early Conciliation process. As Early Conciliation can currently last up to 12 weeks, some employees may have more than nine months to submit their tribunal claim before the time limit passes.
For charities, this means workplace disputes are likely to remain "live" for longer. Good record-keeping will become even more important. HR records, investigation notes and key correspondence should be maintained and retained appropriately to ensure claims can be defended effectively if brought many months later.
From 30 October 2026
New trade union rights
Trade unions will gain a new statutory right to access workplaces for specified purposes, including meeting, recruiting and organising workers. Employees must also be given information about their right to join a trade union, and union representatives will have enhanced rights to time off and workplace facilities.
For charities with little or no experience of trade union engagement, this represents a significant change. Access rights will apply to both physical workplaces and digital channels, making it easier for unions to communicate directly with employees.
The Central Arbitration Committee will have the power to impose significant penalties for non-compliance, ranging from £75,000 for an initial breach up to £500,000 for repeated breaches.
Practical steps
- Review employee forums and communication channels to ensure staff feel informed and engaged.
- If you recognise a trade union, consider whether a voluntary access agreement would provide greater flexibility.
- If you are not unionised, review whether your employee engagement arrangements remain effective.
For more information, see our bulletin "Trade Union Right of Access Coming Soon!"
Strengthened duty to prevent sexual harassment
The Act strengthens employers' obligations in two key ways:
- Employers must take all reasonable steps to prevent sexual harassment, replacing the previous requirement to take just 'reasonable' steps.
- Employers must take steps to protect employees from harassment (including sexual harassment) by third parties.
Further guidance is expected in 2027, but tribunals will likely assess both the steps an employer has taken and whether additional reasonable measures could have been implemented when deciding if the duties have been met.
This is particularly relevant for charities, where staff and volunteers often interact closely with beneficiaries, service users, donors and members of the public. Organisations should ensure their employment, safeguarding and volunteer management frameworks work together to address these risks.
Reasonable steps are likely to include maintaining up-to-date policies, regular training, risk assessments and clear reporting procedures.
Practical steps
- Carry out a harassment risk assessment, including service user-facing and fundraising activities.
- Review and update relevant policies.
- Train staff, volunteers and managers.
- Review measures to address harassment by third parties.
- Keep a record of the steps taken to demonstrate compliance.
What should charities be doing now?
The reforms coming into force this autumn provide a good opportunity to review record-keeping practices, employee engagement arrangements and harassment prevention measures. Taking action now will help charities manage risk, strengthen workplace culture and prepare for the wider employment law changes still to come.
Looking ahead
Charities operating in the adult social care sector should also keep an eye on the proposed Adult Social Care Negotiating Body, expected to be introduced in October 2026. The body will have powers to negotiate pay, terms and conditions across the sector.
To read more, see our bulletin "Rebuilding a Social Care Sector Fit for the Future".
