The programme, How employment law changes could affect you, looks at the latest employment rights reforms, including stronger protections against workplace sexual harassment and new protections against harassment by third parties, new trade union access rights and upcoming changes to unfair dismissal protections. 

For Thompsons, the message is straightforward: stronger rights are a welcome step forward, but for those rights to make a meaningful difference in the workplace, they require a well resourced tribunal system and must be backed by effective enforcement measures when things go wrong. 

Stronger protection from workplace harassment 

One of the key areas discussed was the strengthened duty on employers to take “all reasonable steps” to prevent sexual harassment at work. If employers are found liable in relation to workplace harassment and it can be shown they didn’t take all reasonable steps to prevent this then workers can claim an uplift of compensation of up to 25%. 

The change places greater emphasis on preventing harassment before it happens, rather than simply responding afterwards. 

The EHRC has issued updated technical guidance suggesting that employers should identify potential risks and take practical preventative measures, including appropriate risk assessments, clear workplace policies, staff training and accessible reporting procedures. Workers should also know how to raise a concern, what will happen when they do and what support is available to them. 

The reforms also introduce new protections against third-party harassment at work from customers, clients, patients and other members of the public when this relates to a protected characteristic under the Equality Act 2010.   

This is particularly significant for people working in public-facing sectors such as retail, hospitality, healthcare and transport. 

For too long, unacceptable behaviour from customers or members of the public has been dismissed in some workplaces as simply being “part of the job”. Thompsons’ position is clear: nobody should have to tolerate harassment simply because their role involves dealing with the public. 

Giving workers greater access to trade unions 

The programme also considered the new rights allowing independent trade unions to request physical and digital access to workplaces, helping more workers access independent advice, support and representation. 

Trade unions play a vital role in helping workers understand their rights, raise concerns and have a collective voice at work. Strong union representation can also help resolve problems at an earlier stage, before they develop into formal disputes. 

Although all workers have a right to join a trade union under Article 11 of ECHR previously trade unions did not have a right to access workplaces other than to represent workers in certain settings. Therefore, for workers in workplaces where there is not currently a recognised union presence, improved access has the potential to make independent support and representation much more accessible. It will also assist trade unions to have a meaningful presence within workplaces to be able to build membership and organise on a collective basis.

Greater protection against unfair dismissal 

Looking ahead, further changes are due from 1 January 2027, including reducing the qualifying period for ordinary unfair dismissal claims from two years to six months and removing the statutory cap on compensatory awards. 

Reducing the qualifying period will mean that more workers can challenge unfair treatment earlier in their employment and remove the two year period upon starting new employment when workers had very minimal rights to have the future of their employment considered fairly.  

Removing the compensation cap will also enable awards to better reflect the actual financial losses suffered by someone who has been unfairly dismissed. 

This is important as losing a job can have serious financial consequences for a worker and their family.  At present compensation does not always provide adequately compensate workers for this. Fair processes, clear explanations and meaningful routes to justice are therefore essential when employment comes to an end. 

Rights must be enforceable 

Stronger rights on paper are only part of the picture. 

The programme also considers the pressure facing the Employment Tribunal system and how the new reforms could affect demand. 

Thompsons believes proper investment in Employment Tribunals and enforcement bodies, including the Central Arbitration Committee, will be essential if the reforms are to deliver meaningful change. 

Early resolution, including ACAS conciliation, can play an important part where appropriate. But workers must retain an effective route to enforce their rights when those rights have been breached. 

Ultimately, responsible employers who listen to their workforce, engage constructively with trade unions and take proactive steps to prevent harassment and unfair treatment should have little to fear from stronger employment protections. 

The priority must now be ensuring these reforms translate into fairer and safer workplaces, stronger representation and meaningful access to justice for working people. 

Listen to the programme 

Rachel Ellis’ interview features on BBC Radio 4’s The Law Show, How employment law changes could affect you. 

Find out more about the latest changes to employment rights and what they could mean for you on Thompsons Solicitors’ Employment Rights Hub. 

Listen here