Employment Rights Act 2025: October 2026 Changes for Transport & Logistics Employers | Elite

Employment Rights Act 2025: October 2026 Update for Transport & Logistics Employers 



The
Employment Rights Act 2025 is being introduced in stages, which has made it difficult for employers to keep track of what is actually changing – and when. 


For transport and logistics employers, October 2026 is an important month.


Changes taking effect this month include longer Employment Tribunal claim limits, stronger workplace harassment protections and significant new trade union rights and employer responsibilities.


Other changes, including Statutory Sick Pay reforms and new family leave rights, are already in force.


And some of the reforms likely to have the biggest impact on flexible and agency labour are still to come in 2027.

So, here is what transport and logistics employers need to know this October.



What Changes from October 2026?


There are two important implementation dates this month: 1 October and 30 October 2026.



1) October 2026: Employment Tribunal Claim Time Limits Increase


From 1 October 2026, the time limit for bringing most Employment Tribunal claims increases from three months to six months. For employers, this makes accurate record keeping even more important.


An employment decision or dispute could potentially result in a claim several months after the event, so businesses need to be able to demonstrate what happened and why.


Transport and logistics employers should maintain clear records covering areas such as:

  • Disciplinary action 
  • Performance management 
  • Grievances 
  • Absence 
  • Pay disputes 
  • Shift and working-hours disputes 
  • Probation reviews 
  • Employment termination 
  • Complaints and investigations 


This is particularly important in busy transport operations where many day-to-day employment decisions may be made by Transport Managers, Shift Managers or Operations Managers rather than HR.



2) 30 October 2026: Stronger Protection Against Workplace Harassment


From 30 October 2026, employers will have a stronger duty to prevent sexual harassment in the workplace. Employers will be required to take all reasonable steps to prevent sexual harassment of their employees. Protections relating to harassment by third parties are also strengthened. 


For transport and logistics employers, the third-party element is particularly relevant because employees regularly interact with: 


  • Customers 
  • Warehouse teams 
  • Delivery sites 
  • Suppliers 
  • Contractors 
  • Drivers from other businesses 
  • Members of the public


This means employers need to think beyond behaviour between colleagues at their own depot.



Businesses should review their:


  • Anti-harassment policies 
  • Employee and manager training 
  • Reporting procedures 
  • Complaint and investigation processes 
  • Risk assessments 
  • Procedures for dealing with complaints involving customers or other third parties


Simply having a policy in an employee handbook isn't enough. Employers need to be able to demonstrate the practical steps they take to prevent harassment.



3) 30 October 2026: New Trade Union Rights and Employer Responsibilities


There are also several important changes to trade union rights from 30 October.

 

One of the most practical changes for employers is a new duty to provide workers with a written statement informing them of their right to join a trade union. The statement must be provided at the start of employment alongside the worker's written statement of employment particulars and at other prescribed times. 


This applies whether or not your business currently recognises or works with a trade union. 


There are also wider reforms affecting trade unions, including:


  • Stronger rights for independent trade unions to request access to workplaces to communicate with workers 
  • Workplace access potentially being physical, digital or a combination of both 
  • Changes to the statutory trade union recognition process 
  • Stronger rights and protections for trade union representatives 
  • Further protections against detriment for workers taking protected industrial action


For many transport and logistics businesses that don't currently have significant trade union involvement, these changes could easily be overlooked. 



What Should Employers Do?


HR and recruitment teams should review their onboarding documentation to make sure the new trade union statement requirements are incorporated.


Employers should also understand who within the business would deal with a request from a trade union to access workers. 

For larger transport operations, this may involve making sure HR, Depot Managers, Transport Managers and senior management understand the process.


Businesses should review:


  • New starter documentation 
  • Employment policies 
  • Trade union policies where applicable 
  • Processes for responding to union access requests 
  • Manager training 
  • Policies concerning industrial action


Not every employer will suddenly have a trade union seeking workplace access, but businesses should understand their responsibilities before a request is received.



What Employment Law Changes Have Already Happened in 2026?

October isn't the beginning of the Employment Rights Act changes. Several important reforms have already taken effect this year.

 


Statutory Sick Pay From the First Day of Sickness 


Since 6 April 2026, eligible employees have been able to receive Statutory Sick Pay from the first full day of sickness absence. The previous three waiting days have been removed. 


The Lower Earnings Limit has also been removed, meaning more lower-paid workers can qualify for SSP.


For transport businesses employing drivers, warehouse staff and other operational workers, this can increase the employment cost associated with short periods of sickness.

 

Employers should already have:


  • Updated payroll systems 
  • Updated sickness policies 
  • Reviewed absence procedures 
  • Made managers aware of the changes 
  • Considered additional statutory employment costs within workforce budgets


Businesses using temporary labour should also understand how their recruitment suppliers are accounting for statutory employment costs.



Paternity Leave and Unpaid Parental Leave Became Day-One Rights


From 6 April 2026, Paternity Leave and Unpaid Parental Leave became day-one employment rights.


Employees no longer need to complete a qualifying period of employment before becoming eligible for these forms of leave.

 

There is, however, an important distinction between Paternity Leave and Statutory Paternity Pay.


Becoming eligible for leave from day one does not automatically mean an employee qualifies for statutory pay. Employers should make sure HR and payroll teams understand the difference.



The Fair Work Agency Was Established


The Fair Work Agency was established in April 2026, bringing together enforcement activity across several areas of employment rights and labour-market regulation.


This is particularly relevant to businesses using temporary and agency labour.Transport and logistics employers should understand their labour supply chain.


If you use agency workers, do you know:


  • How those workers are engaged? 
  • Who employs and pays them? 
  • Whether an umbrella company is involved? 
  • How holiday pay is calculated? 
  • How Right to Work is checked? 
  • How your recruitment agency monitors compliance?


A reputable recruitment supplier should be able to answer these questions clearly.



Trade Union Rules Have Already Started Changing

 

October isn't the first change affecting trade unions either. Several reforms came into force earlier in 2026, including changes to industrial action rules.

 

Electronic and workplace balloting for statutory trade union ballots also became possible from 25 August 2026.


The changes arriving on 30 October therefore form part of a much wider reform of trade union legislation rather than being a standalone change.



Holiday Pay and Employment Records


Record keeping has also become increasingly important.


Employers need adequate records to demonstrate compliance with statutory holiday entitlement and holiday pay requirements, with records required to be retained for six years.


This is particularly relevant in transport, where employees may have:


  • Variable hours 
  • Overtime 
  • Different shift patterns 
  • Irregular working weeks 
  • Additional payments


Employers need to be able to demonstrate how holiday entitlement and holiday pay have been calculated rather than relying on systems that cannot produce a clear audit trail.



What Changes Next? Preparing for 2027


Once businesses have dealt with the October changes, attention needs to turn to the next stage of the Employment Rights Act. Some of these changes could be particularly significant for transport and logistics.



Unfair Dismissal: Qualifying Period Reduces to Six Months


From 1 January 2027, the qualifying period for ordinary unfair dismissal is due to reduce from two years to six months.


This is worth highlighting because there is still outdated information online suggesting unfair dismissal will become a day-one right.


That is not the current position.


However, reducing the qualifying period from two years to six months is still a significant change. For transport employers, now is the time to review probationary processes.


Managers should be:


  • Setting clear expectations from the start 
  • Holding regular probation reviews 
  • Addressing concerns quickly 
  • Recording performance issues 
  • Providing appropriate opportunities to improve 
  • Documenting decisions


Waiting until the end of a six-month probation period before addressing performance or conduct concerns is not good practice.



What About Zero-Hours Contracts and Guaranteed Hours?


Some of the most significant changes for transport employers are expected later in 2027.


The Employment Rights Act creates new rights relating to:


  • Guaranteed hours 
  • Reasonable notice of shifts 
  • Reasonable notice of shift changes 
  • Payments where qualifying shifts are cancelled, moved or shortened at short notice

 

Detailed regulations will determine exactly how these rights operate, so employers shouldn't treat every proposal discussed during consultation as though it is already law. 



What Should Transport & Logistics Employers Do Now?


October is a good point to carry out an employment and temporary-labour review.


1. Review the Changes Taking Effect This Month 

Make sure managers understand the longer Employment Tribunal time limits, stronger harassment duties and new trade union requirements. 


2. Update New Starter Documentation 

Make sure HR and recruitment teams are ready for the requirement to inform workers about their right to join a trade union.

 

3. Review Harassment Policies and Training 

Think beyond employee-to-employee harassment and consider the third parties your employees interact with during their working day. 


4. Check Changes Introduced Earlier This Year 

Make sure SSP, family leave, holiday pay and record-keeping processes reflect the rules already in force.


5. Review Probationary Procedures Before January 

With the unfair dismissal qualifying period due to fall to six months, make sure probation reviews are structured and properly documented.


7. Review Your Recruitment Suppliers 

Ask how your recruitment agencies are preparing for the Employment Rights Act and the forthcoming agency-worker provisions. 


A compliant supplier should be able to explain how its workers are employed, paid and managed. 



Employment Rights Act: The Timeline for Transport Employers


From 1st October 2026 

Employment Tribunal time limits increase from three months to six months for most claims.


From 30th October 2026 

Stronger employer responsibilities around preventing sexual harassment and third-party harassment.


New trade union measures, including the duty to inform workers of their right to join a trade union, stronger union access rights, changes to recognition procedures and additional protections for trade union representatives and workers taking industrial action. 


Already In Force During 2026 

Changes include SSP from the first full day of sickness, removal of the SSP Lower Earnings Limit, day-one Paternity Leave and Unpaid Parental Leave, establishment of the Fair Work Agency and several earlier trade union reforms.


From 1st January 2027 

The qualifying period for ordinary unfair dismissal is due to reduce from two years to six months.


Expected During 2027 

Further reforms including guaranteed hours, reasonable notice of shifts, short-notice cancellation provisions and measures affecting qualifying agency workers.



Frequently Asked Questions


What employment law changes take effect in October 2026?

From 1 October 2026, the time limit for most Employment Tribunal claims increases from three months to six months.


From 30 October, further changes include stronger workplace harassment protections and significant reforms to trade union rights, including a new duty for employers to inform workers of their right to join a trade union.



Do employers have to tell employees they can join a trade union? 

From 30 October 2026, employers will have a new duty to provide workers with a written statement informing them of their right to join a trade union, in accordance with the new regulations. 



Does this only apply to businesses that already recognise a union? 

No. The duty to provide workers with information about their right to join a trade union is not limited to businesses that already recognise a trade union.



Can a trade union now request access to a workplace? 

The new framework gives independent trade unions a statutory route to request workplace access to communicate with workers. This can include physical and digital access, subject to the rules governing the new access regime.



Is unfair dismissal becoming a day-one right in October? 

No. The current implementation timetable provides for the qualifying period for ordinary unfair dismissal to reduce from two years to six months from 1 January 2027.



Can transport companies still use temporary HGV drivers? 

Yes. Temporary labour can continue to be used for sickness, holidays, seasonal peaks, new contracts, fluctuating volumes, temp-to-perm arrangements and other operational requirements.




Final Thoughts


For transport and logistics employers, there are really three things to think about this October.


What's changing now: longer Employment Tribunal claim periods, stronger harassment protections and new trade union rights and responsibilities.


What's already changed: SSP, family leave rights, employment enforcement and other reforms introduced earlier in 2026.

 

What's coming next: a six-month unfair dismissal qualifying period followed by further reforms around guaranteed hours, shift notice and agency workers.


For an industry that depends heavily on flexible labour, the next stage of the Employment Rights Act makes it increasingly important to understand how your workforce is employed, how temporary labour is being used and whether your internal processes and recruitment suppliers are ready for the changes ahead. 


At Elite Logistics & Transport Recruitment, we work with transport and logistics businesses across the Northwest, Yorkshire and Midlands to provide compliant temporary HGV driver recruitment, alongside specialist events and permanent transport recruitment across the UK. 

If you're reviewing your temporary driver requirements ahead of Christmas peak or starting to plan your workforce strategy for 2027, speak to our team. 

0151 420 1219 

driving@elite-employ.com

Skilled. Reliable. Elite.



Information correct at the time of publication in October 2026. This article is intended as general information and does not constitute legal advice. Employers should check current government guidance and obtain professional advice where appropriate as further regulations are introduced. 

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