Employment Update: News In Brief | Autumn 2026 

Key employment law developments employers need to know about this autumn

From changes to employment tribunal time limits to developments in flexible working and equal pay reform, autumn 2026 has seen a number of important employment law updates. Below, we summarise several of the latest developments that employers may wish to keep on their radar.

Tribunal time limits extended to six months

Regulations have been made that will extend the time limit for bringing most employment tribunal claims from three to six months from 1 October 2026. Under transitional arrangements, the increase in time limit will only apply where the “relevant date” is on or after 1 October 2026. Claims based on a relevant date before 1 October 2026 will remain subject to the previous limitation rules.

The relevant date is defined in respect of each tribunal complaint in a Schedule to the regulations. Where the Schedule does not specify a relevant date, it is treated as the date of the act, conduct or failure complained of, or, where there is a series of acts or failures, the date of the last act or failure in that series.

What does this mean for employers?

The extension will increase the period during which organisations may face potential employment tribunal claims. Employers may therefore wish to consider record retention practices, internal complaint handling procedures and opportunities to resolve disputes at an early stage.

Updated EHRC Services Code of Practice into force

The Equality and Human Rights Commission (EHRC) has published an updated Code of Practice on services, public functions and associations, which came into force on 5 August 2026. The code provides guidance to assist the interpretation of, and compliance with, the law.

The revised code takes into account legislative developments since the previous code was published in 2011, with the most significant changes reflecting the Supreme Court’s decision in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16.

The EHRC plans to update its guidance for employers “in due course”.

What does this mean for organisations?

Businesses that provide services to the public may wish to review existing equality, diversity and inclusion policies and training to ensure they remain aligned with the updated code.

Consultation on equal pay reforms and measures to combat race and disability pay discrimination

The government has published the outcome of its Equality law call for evidence, together with a consultation on equal pay and pay discrimination.

The consultation, which runs until 27 October 2026, seeks views on proposed reforms to the equal pay framework, including pay transparency measures, a new Equal Pay Regulatory and Enforcement Unit, and improved protections for disabled people, ethnic minority workers and outsourced workers.

What does this mean for employers?

Whilst the proposals remain subject to consultation, employers may wish to monitor developments closely. Increased pay transparency requirements and enhanced enforcement measures could create additional compliance obligations and increase scrutiny of existing pay practices.

Code of Practice on electronic and workplace balloting in force

The Code of Practice on electronic and workplace balloting, and the legislation permitting electronic and workplace voting methods, came into force on 25 August 2026.

The code provides practical guidance on conducting statutory trade union ballots using electronic and workplace voting methods and helps employers and union members understand and participate in these ballots. The code does not change the statutory requirements that must be met for statutory trade union ballots.

What does this mean for employers?

Organisations with a recognised trade union should familiarise themselves with the new arrangements and understand how electronic and workplace balloting may affect future statutory ballots.

Government response to flexible working consultation published

The government has published a response to its consultation seeking views on a new process for employers to follow when considering refusing a statutory flexible working request, using powers in the Employment Rights Act 2025 (ERA 2025).

The government will make regulations:

• prescribing the process employers will need to follow to consult employees when considering refusing a flexible working request; and
• bringing into force the reasonableness test in situations where an employer refuses a statutory flexible working application.

These changes will come into force in autumn 2027.

Acas will consult on a draft update to the statutory Code of Practice on requests for flexible working, expected to be laid before Parliament in early summer 2027, and will publish detailed guidance on the reasonableness test by the end of 2026.

What does this mean for employers?

Although the changes are not expected to come into force until autumn 2027, employers may wish to review their current flexible working processes and consider what changes would be needed to satisfy the proposed requirements.

Government publishes response to bereavement leave consultation

The Employment Rights Act 2025 introduces a new day-one right to unpaid bereavement leave, meaning employees who suffer the loss of a loved one, including those who experience pregnancy loss before 24 weeks, will have a statutory entitlement to take two weeks off work.

The government has recently published a response to its consultation on the new right, confirming some of the detail to be set out in secondary legislation. The measures will come into force in April 2027.

What does this mean for employers?

Employers should review their existing bereavement and compassionate leave policies to assess what changes are needed to comply with the new right. Training for HR staff and managers will also be crucial so that policies are applied consistently, whilst ensuring that employees are dealt with sympathetically and with compassion.

What should employers be doing now?

Whilst these developments are at different stages of implementation, they demonstrate the continuing pace of change in employment law. Employers may wish to review their policies and procedures to ensure they remain compliant and are prepared for upcoming reforms. If you would like advice on how any of these changes could affect your organisation, our employment team would be happy to help.

This content is provided for general informational purposes only and does not constitute legal advice. It is not intended to address the circumstances of any individual or entity, nor should it be relied upon as a substitute for specific advice from a qualified solicitor. The information reflects the legal position as at the date specified and may be subject to change. If you require advice on a specific matter, please contact us directly.