Employment Rights Act 2025: The Next Wave of Changes is Now Confirmed
Schools and trusts should start preparing now for important employment law changes taking effect on 30th October 2026.
For many months, employers have known that further reforms under the Employment Rights Act 2025 were expected during 2026. However, some of the most significant changes could not take effect until the Government made the necessary commencement regulations.
Those regulations have now been made.
The Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026 confirm that a number of important provisions of the Employment Rights Act 2025 will come into force on 30th October 2026, including significant changes relating to sexual harassment, third-party harassment and trade union rights.
For schools and academy trusts, this means the changes are no longer simply proposed reforms or future plans. They now have a confirmed commencement date.
A stronger duty to prevent sexual harassment
Many schools will already be familiar with the preventative duty introduced in October 2024, which requires employers to take reasonable steps to prevent sexual harassment in the workplace.
From 30th October 2026, the position changes again.
The law will require employers to take all reasonable steps to prevent sexual harassment of employees.
While the precise meaning of "all reasonable steps" will ultimately depend on the circumstances of each organisation, the clear direction of travel is that employers will need to demonstrate a proactive approach.
In practice, this is likely to mean more than simply having policies in place. Schools and trusts should be thinking about training, reporting routes, risk assessment, management awareness, communication with staff and maintaining evidence of the steps they have taken.
Third-party harassment liability returns
Another significant change for the education sector is the introduction of employer liability for harassment carried out by third parties.
A third party is someone who is not employed by the school or trust. In an education setting this could include:
If an employee is subjected to harassment by a third party, employers may be liable where they have failed to take all reasonable steps to prevent it.
This is likely to be one of the most important practical changes for schools, particularly where staff regularly interact with parents, visitors and members of the wider community.
Trade union reforms continue
The regulations also bring into force further trade union reforms, including provisions relating to workplace access rights, trade union recognition and facilities for union representatives.
Although the impact will vary between schools and trusts, employers should continue to monitor developments and ensure that management teams understand the changing legal framework.
Why this matters now
One of the questions many employers have been asking throughout 2026 has been whether these reforms would definitely happen and when they would take effect.
The publication of the commencement regulations answers that question.
Preparing for the changes
Schools and trusts looking to understand these developments in more detail may find it useful to revisit the Employment Rights Act Implementation Service resources.
In particular:
Together, these education-focused training sessions go beyond simply explaining the legal changes. They examine the practical considerations for schools and trusts, including what the reforms could mean in day-to-day situations, the steps education employers should consider taking and how the changes can be implemented in practice.
Find out more about our Employment Rights Act 2025 Training and Implementation Service >>