Two Major Employment Law Changes Arriving in October 2026: What Employers Need to Know
October 2026 marks a significant moment for UK employers, with two major legal changes coming into force that will reshape how organisations handle disputes, terminations and right to work compliance. If you employ staff, engage contractors or operate within supply chains, these updates will affect you.
Below is a quick overview of what’s changing and why it matters.
- Employment Tribunal Time Limits Are Doubling
From 1 October 2026, the time limit for bringing most Employment Tribunal claims will increase from three months to six months. This applies to key claims such as unfair dismissal, discrimination, whistleblowing, TUPE and Working Time Regulations breaches, as well as part‑time worker rights, fixed‑term employee rights, blacklisting and more.
If a claim relates to a series of events, the last event must fall on or after 1 October for the new limit to apply. Scotland will see a separate change for breach‑of‑contract claims on 9 November 2026.
Why this matters for employers
- Disputes will remain “live” for longer, silence doesn’t mean resolution.
- Redundancy rehiring becomes more sensitive due to extended risk windows.
- ACAS Early Conciliation is also increasing to 12 weeks, further delaying timelines.
- Record‑keeping policies will need updating – at least nine months retention is recommended.
- Tribunal delays may increase as the system absorbs longer limitation periods.
- Right to Work Checks Are Expanding Beyond Employees
Also from 1 October 2026, right‑to‑work checks will no longer apply only to employees. Under the Border Security, Asylum and Immigration Act 2025, employers must also check:
- Workers engaged under a worker’s contract
- Individual subcontractors
- Gig‑economy and platform‑engaged individuals
Genuinely self‑employed professionals contracting directly with clients remain outside scope.
Upstream liability
If a subcontractor further down the chain lacks the right to work, and their engager cannot be identified, liability can move up the chain, even where no direct contract exists.
Penalties
- £45,000 per worker for a first breach
- £60,000 per worker for repeat breaches
A mandatory digital identity verification step via a government‑certified provider also becomes compulsory on the same date.
What Employers Should Do Now
- Review and update record‑retention policies
- Map supply‑chain and subcontractor arrangements
- Update onboarding processes for workers, subcontractors and platform‑engaged individuals
- Brief HR, compliance and operational teams
- Prepare for increased admin linked to digital identity verification