Since 30 October, employers in Great Britain have faced new, stricter duties. They must take “all reasonable steps” to prevent sexual harassment of their workers and are liable for harassment by third parties such as customers, clients or suppliers. On the same day, trade unions gained a right to request access to workplaces. This is the latest stage of the Employment Rights Act 2025 – and even bigger changes arrive on 1 January 2027.
What has come into force
The changes were brought in by commencement regulations (SI 2026/1065). According to Acas, from 30 October:
- Sexual harassment: employers must take “all reasonable steps” to prevent it. Previously “reasonable steps” were enough – the bar has been raised.
- Third-party harassment: employers are liable for harassment of staff by customers or clients unless they can show they took all reasonable steps to prevent it.
- Trade union access: independent unions can request physical and digital access to workplaces, including where they are not recognised. According to CRS, employers with fewer than 21 workers in total are exempt from this regime.
- Industrial action: workers taking part in protected industrial action are protected from less favourable treatment.
Earlier, from 1 October, the time limit for bringing an employment tribunal claim rose from three to six months. Acas notes that matters which began before that date may still be subject to the three-month limit.
What comes next – key dates
- 1 January 2027: unfair dismissal protection after six months instead of two years; the compensation cap removed; a duty to tell workers about their right to join a union; consultation on tipping policies.
- March 2027: “fire and rehire” becomes automatically unfair in most cases.
- April 2027: unpaid bereavement leave, including for pregnancy loss.
- October 2027: flexible working refusals only on one of eight grounds, with an explanation.
Rights for zero-hours workers (guaranteed hours, compensation for cancelled shifts) have no date yet. The government is still consulting on the detail of many changes.
What it means for Poles and Polish businesses in the UK
Our view: for a Polish employer in the UK, the biggest risk now is not the law itself but a lack of paperwork. The “all reasonable steps” duty means that in a dispute a business must show what it actually did. Without a written policy, training and a complaints procedure, it will be hard to defend a claim.
The evidence: third-party liability matters most in sectors where many Poles work – hospitality, retail, care and transport – where staff deal with customers all the time. And the longer six-month time limit means claims can surface longer after the event.
What to do now:
- draw up or update a written policy against sexual harassment and harassment (including by customers), ideally in English and Polish;
- train managers and keep records of who was trained and when;
- set up a clear way to raise and handle complaints;
- review probation periods and dismissal procedures before 1 January 2027.
Workers who have experienced harassment can get free advice from Acas. Before bringing a tribunal claim, Acas early conciliation is normally mandatory.
This article is for information only and is not a substitute for legal advice on a specific case.
Sources:
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