From 1 October 2026, two significant legal changes under the Employment Rights Act 2025 came into force. These changes affect employment tribunal claim time limits and the scope of right to work checks.
Extended Tribunal Time Limits
The time limit for employees to bring most claims to an employment tribunal has increased from three months to six months across Great Britain. This change applies to cases where the incident, act, failure to act, dismissal etc occurred on or after 1 October 2026. Employers should take note of this extended timeframe as it provides employees with more time to lodge claims such as unfair dismissal, discrimination, or breaches of employment law. However, employers in Scotland should be aware that for breach of contract claims, this extension will only apply from 9 November 2026.
What employers need to do:
Review and update internal procedures and policies to ensure they align with the new timeframes.
Ensure managers and HR teams are aware of the extension and prepared to respond to claims within the new six-month limit.
Expanded Obligations for Right to Work Checks
The scope of mandatory right to work checks has widened for employers across the UK for employment or engagements starting from 1 October 2026 onwards. Employers must now carry out checks not only for direct employees but also for workers under casual or zero-hours contracts, as well as certain subcontractors and individuals sourced via online platforms. This change aims to tighten compliance and reduce illegal working.
What employers need to do:
Identify all individuals engaged under worker contracts, via an agency or employment business, subcontractors and platform workers.
Check commercial agreements with agencies or employment businesses to ensure clarity on where the responsibility for conducting right to work checks lies and confirm that these checks are being conducted properly by the agency.
Update policies and contracts to reflect the expanded right to work obligations.
Ensure systems are in place to verify and document the right to work for all individuals in these categories.
Failing to comply with these new rules could result in significant penalties. Specialist legal advice may need to be sought where it is unclear where responsibility for the check lies.
