New employment law changes are taking effect this October across England, Scotland and Wales, bringing additional responsibilities for building companies that employ staff. From preventing harassment on site to dealing with employment disputes, there are some important changes to understand.
Following the reforms introduced in April, the latest changes under the Employment Rights Act 2025 could affect how you manage your workforce and protect your business. Separate changes to right-to-work checks also affect building businesses across the UK, including Northern Ireland.
Here's what SME building employers need to know and what you should be doing now.
Top takeaways
- Employment Tribunal deadlines: From 1 October 2026, the standard time limit for most claims has increased from three to six months.
- Harassment: From 30 October 2026, employers must take all reasonable steps to prevent harassment related to protected characteristics and sexual harassment, and have new responsibilities concerning harassment by third parties, including customers, clients and contractors.
- Right-to-work checks: From 1 October 2026, requirements extend to certain individual subcontractors. Review your checks and contracts
- Trade unions: New rights covering workplace access, representation and industrial action take effect on 30 October 2026.
- Your next steps: Review your policies, make sure site managers understand their responsibilities and keep accurate employment records.
Employment Tribunal claims: the deadline has doubled
From 1 October 2026, employees have six months rather than three to bring most claims to an Employment Tribunal.
For building employers, this means a dispute with a former employee could remain unresolved for longer. The extended deadline applies to matters arising on or after 1 October, so earlier disputes may still be subject to the previous rules.
It's worth checking that your disciplinary procedures, employment records and correspondence are up to date. If a disagreement develops, having clear records of decisions and conversations can help you respond effectively.
In Scotland, the extension for breach of employment contract claims takes effect on 9 November 2026.
Right-to-work checks now cover more subcontractors
From 1 October 2026, right-to-work checking requirements have been extended to cover certain workers and individual subcontractors, not just employees.
For building companies that regularly bring in self-employed tradespeople or work through subcontracting arrangements, this could mean additional checks before work begins. Businesses may also face liability for illegal working further down their supply chain.
Review how you engage subcontractors, carry out right-to-work checks and manage your contracts. The rules depend on the working arrangement, so seek advice if you're unsure which checks your business must complete.
For more information, see the Government's updated right-to-work guidance.
Harassment on site: new responsibilities for employers
Two important changes take effect on 30 October.
First, employers will need to take all reasonable steps to prevent sexual harassment, as well as other types of harassment based on protected characteristics such as race and disability, strengthening the existing duty to take reasonable steps.
Second, employers will have a new duty not to permit harassment of their employees by third parties, including customers, clients and contractors.
For building companies, where employees regularly work alongside subcontractors, other trades and homeowners, this deserves particular attention.
For example, what happens if a client makes inappropriate comments to one of your employees on site? Does your employee know who to report it to? Would your site manager know how to respond?
Now is a good time to check your harassment policy, make sure staff understand how to raise concerns and consider how you communicate expected standards of behaviour to everyone working on your sites.
Trade union rights: what's changing?
From 30 October, new rules strengthen trade unions' rights to access workplaces, communicate with workers and seek recognition. Employees taking industrial action will also have greater protection against detrimental treatment.
Access can be physical, digital or a combination of both. However, this doesn't give trade unions unrestricted access to workplaces. There are statutory procedures, conditions and exemptions governing how access is requested and agreed.
If your business receives a formal request from a trade union, don't ignore it. Check what the request involves and seek advice about your responsibilities before responding.
Further changes are expected in January 2027, including a requirement to inform workers of their right to join a trade union.
What should your building business do now?
There are some straightforward steps you can take to prepare:
- Review your employment policies. Check that harassment, complaints and disciplinary procedures reflect current requirements.
- Brief your site managers. Make sure they know how to recognise inappropriate behaviour and respond to concerns.
- Set expectations on site. Consider how you communicate acceptable behaviour to subcontractors, clients and other visitors.
- Check your subcontractor arrangements. Review when right-to-work checks are required, how you record them and whether your contracts need updating.
- Keep good records. Document employment decisions, complaints and the steps taken to resolve them.
- Get advice when needed. Employment law can be complex, particularly when disputes or formal trade union requests arise.
Get employment law support from the FMB
You don't have to work through employment law changes alone.
FMB members can access employment and HR advice through our member support services.
Log in to go to member helplines →
You can also watch our employment law update webinar for a wider look at the reforms and what they mean for building employers.
Frequently asked questions
Do the new harassment rules apply to small building companies?
Yes. Employers of all sizes must comply with the duty to prevent sexual harassment and harassment related to protected characteristics. The steps considered reasonable will depend on factors including the risks and circumstances of the business.
Can my business be responsible for harassment by a client or subcontractor?
Potentially, yes. From 30 October, employers have additional responsibilities concerning third-party harassment. This makes it important to assess risks and respond appropriately to complaints.
Do the new Employment Tribunal deadlines apply to existing disputes?
Not automatically. The six-month limit generally applies where the relevant matter occurred on or after 1 October 2026. Earlier matters may remain subject to the previous time limits.
Do I need to carry out right-to-work checks on all my subcontractors?
Not necessarily. The requirements depend on how subcontractors are engaged and the nature of the working arrangement. Individual self-employed tradespeople may now fall within the rules, but different arrangements can have different responsibilities. Check the latest Home Office guidance or seek legal advice if you're unsure.
Do the changes apply in Northern Ireland?
The October 2026 changes to the Employment Rights Act 2025, including the extension of tribunal claim time limits to six months, do not apply in Northern Ireland, and Stormont its own ‘Good Jobs’ Employment Rights Bill to make similar changes.
However, some of the changes to the Act that were introduced in April 2026 do apply to businesses in Northern Ireland, including the changes involving the Fair Work Agency (FWA). The FWA’s national minimum wage enforcement applies in Northern Ireland, with statutory sick pay and holiday pay expected to follow at a later date.
Right-to-work checks are different. The changes introduced on 1 October 2026, extending requirements to certain individual subcontractors and other workers, apply across the whole UK, including Northern Ireland. These changes come under the Border Security, Asylum and Immigration Act 2025, rather than the Employment Rights Act 2025.
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