Overview
- The Employment Rights Act, which came into force on Friday, October 30, 2026, is now backed by new Equality and Human Rights Commission guidance that says tribunals should normally hear harassment claims even when a worker's employment contract is unlawful.
- The guidance raises the employer standard from taking 'reasonable steps' to taking 'all reasonable steps' to prevent sexual and other harassment, increasing what businesses must show to avoid liability.
- Employers can be held responsible for harassment by third parties such as customers, contractors or freelancers if they fail to demonstrate they took all reasonable steps to prevent it.
- The change codifies the direction set by a September employment tribunal that awarded more than £5,000 to Erin Ong, a Malaysian worker without a valid permit, and creates a clearer path for similar claims.
- The move has drawn criticism from opposition figures who say it grants rights to illegal migrants, while the government says it strengthens workplace safety and businesses should prepare for higher compliance costs and more tribunal claims; criminal penalties for illegal working remain separate from these civil claims.