Harassment duties and unfair dismissal dates

What starts on 30 October

The Employment Rights Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026 were made on 1 October. They bring three harassment sections of the Act into force on 30 October 2026:

Section 20 amends the existing duty in section 40A of the Equality Act 2010. Employers already had to take reasonable steps to prevent sexual harassment of employees. The word "all" is now added, so the test becomes all reasonable steps.
Section 21 adds a new duty to section 40 of the Equality Act. An employer must not permit a third party to harass an employee in the course of their work. An employer is treated as permitting it only if it failed to take all reasonable steps to prevent it. A third party is anyone other than the employer or its own employees.
Section 22 gives ministers a power to set out, in later regulations, specific steps employers must take. The government's timeline says these would come at a later date and would add to, not replace, the general duty.

The same date also brings in trade union changes, including a stronger right for unions to access workplaces and new rights for union representatives.

Why the third-party duty matters in care

Care staff work alongside residents, people they support, relatives, visitors and contractors every day. All of these can be third parties under the new duty. The wording covers harassment generally, not only sexual harassment.

Some behaviour that staff experience is linked to a person's dementia, learning disability or mental health. The Act does not set out how the duty applies in those situations, and there is no statutory guidance on it in the sources we checked. Employers will need to judge what "all reasonable steps" means for their own service and take advice where they are unsure.

What else is now in force

Several earlier changes from the Act already apply:

Statutory Sick Pay lost its Lower Earnings Limit and waiting period from 6 April 2026.
The Fair Work Agency was set up on 7 April 2026.
The time limit for bringing an Employment Tribunal claim rose from three to six months on 1 October 2026. For breach of contract claims in Scotland, the change takes effect on 9 November 2026.

The 2027 timetable, updated on 22 October

The government's timeline now lists these planned dates:

1 January 2027: the unfair dismissal qualifying period drops to six months for dismissals from that date, and the cap on compensatory awards is removed. Employers must also tell workers of their right to join a trade union.
March 2027: fire and rehire protections.
April 2027: bereavement leave, including pregnancy loss.
October 2027: stronger dismissal protection for pregnant women and new mothers, and flexible working changes.
December 2027: regulation of umbrella companies.

For zero-hours and similar contracts, which are common in care, the timeline says dates for guaranteed hours and payment for cancelled shifts will be updated after consultation. It also lists regulations to set up the Fair Pay Agreement Adult Social Care Negotiating Body in England for October 2026. The government says all future dates may change.

What this means for your service

Review your harassment policy before 30 October. Check that it covers harassment by residents, relatives, visitors and contractors, not only colleagues.
Write down your risk assessment. Record what steps you have taken, such as training, clear reporting routes, visitor expectations and support after an incident.
Make reporting easy and safe. Staff should know how to raise concerns, including through whistleblowing routes, and see that reports are acted on.
Use supervision. Ask staff about harassment in one-to-ones and record what you do about it.
Plan for 1 January 2027. Probation, performance and conduct processes for newer staff will matter more once the qualifying period is six months.
Do not change zero-hours arrangements on guesswork. Dates and details are still subject to consultation.

This is general information, not legal advice.