Important information for adult social care employers

Effective: 1 October 2026The time limit for bringing most Employment Tribunal claims increases from 3 months to 6 months. This applies to most tribunal claims and extends the period during which employers may face legal action.Employment Tribunal claim time limits double

Effective: 1 October 2026

The time limit for bringing most Employment Tribunal claims increases from 3 months to 6 months. This applies to most tribunal claims and extends the period during which employers may face legal action.

Actions for employers:

• Retain HR records, investigation notes, grievance files and emails for longer.
• Ensure managers document employment decisions thoroughly.
• Review document retention policies.

Effective: 30 October 2026

The existing duty to take "reasonable steps" to prevent sexual harassment is strengthened to a requirement to take"all reasonable steps".

Employer actions:

• Conduct harassment risk assessments
• Update anti-harassment policies
• Deliver and refresh staff training
• Maintain reporting mechanisms and investigate concerns promptly.
• Be able to demonstrate ongoing monitoring and preventative action

Effective: 30 October 2026

Employers must not permit employees to be harassed by customers, residents, relatives, visitors, contractors, suppliers or other third parties.

For care providers, this is particularly significant due to regular interaction with:

• Service users
• Family members
• Visiting professionals
• Contractors and agency workers

Employer actions:

• Include third-party harassment in policies
• Train staff and managers
• Put procedures in place for responding to incidents involving visitors or clients

Effective: 30 October 2026

Employers will be required to inform workers of their right to join a trade union.

Employer actions: 

• Update contracts and written statements
• Amend induction materials and employee handbooks
• Review onboarding documentation

Effective: 30 October 2026

Independent trade unions will gain broader rights to access workplaces and engage with workers, including virtual engagement in some circumstances.

Employer actions:

• Prepare protocols for requests for access
• Review recognition and industrial relations procedures