Employment Rights Act Phase 2 Begins October; Strike Rules, Harassment Standards Tighten
The Employment Rights Act, which received Royal Assent in December 2025, enters a second wave of implementation in autumn 2026, with key employment protections, union balloting changes, and workplace harassment duties taking effect.
The Employment Rights Act (ERA), one of the central pillars of the Labour government's 2024 election manifesto, is the most significant overhaul of employment law in a generation, making changes to laws governing pay, flexible working and employee rights including rights to sick pay and protection against unfair dismissal. Earlier phases came into effect in February 2026; autumn brings further critical changes.
Updated timetables indicate that measures relating to detriments and workplace harassment will take effect on 30 October 2026. Employers currently must take "reasonable steps" to prevent sexual harassment of employees; under the Act, employers will have to take "all" reasonable steps to prevent workplace harassment. The Act expands the list of required particulars that employers must give to their employees to include an explicit statement that workers have the right to join a trade union.
Strike and Ballot Changes Already in Force
February 2026 saw repeal of parts of the Trade Union Act 2016, including those imposing certain limitations on strike action, restrictions on picketing, and the expiry of industrial action mandates after six months. Electronic balloting is expected to be introduced in April 2026.
For foreign workers and expats, these reforms mean strengthened employee protections, clearer communication from employers about trade union rights, and—potentially—more stable employment terms if you're on a long-term Skilled Worker visa. Non-UK citizens in employment should familiarise themselves with new harassment and detriment protections and ask their HR department about union recognition status in their organisation.
Sources
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