Election talking points: how will employment tribunals cope with Labour’s proposed reforms?

The government has published its response to the consultation on enhancing dismissal protections for pregnant women and new mothers. It is now confirmed that dismissals will only be fair if they meet a proportionality test, requiring employers to identify a legitimate business objective and explore alternatives to dismissals. This will also apply to most (but not all) types of family-related leave.

From 1 October 2026, the time limit for bringing an employment tribunal claim will increase to six months for all claims, including unfair dismissal and discrimination claims.

The Employment Rights Act 2025 will make employers liable for third-party harassment unless they can show they took all reasonable steps to prevent it, with this new expanded duty expected to take effect in October 2026. This article considers why effective investigations will be central to demonstrating compliance with the new duty, and the challenges of investigating allegations involving individuals outside the organisation.

The EHRC’s updated Code of Practice for Services, Public Functions and Associations will come into effect on 5 August 2026, having been amended to cover the implications of the Supreme Court’s ruling in For Women Scotland. We consider what this means for the provision of single-sex services.