This Month in HR - October
October brings a mix of important compliance updates and timely people focused reminders for small businesses. With new right to work duties now in effect, fresh ACAS research highlighting gaps in employer awareness, and a tribunal decision underscoring the importance of fair process, it’s a good moment to pause and make sure your foundations are in order. We’re also marking World Mental Health Day this month, so alongside the legal updates you’ll find practical wellbeing prompts to support employers in creating healthier, more supportive workplaces.
Right to Work Checks: Increased Employer Duties from 1 October
Effective 1 October 2026, right to work checks now apply to a wider group of people who carry out work for your business. This includes not only employees, but also some subcontractors, platform workers and substitutes i.e. anyone who steps in to do the work instead of the person you originally engaged.
If a check isn’t completed properly, employers can face significant penalties, up to £60,000 per illegal worker, along with serious reputational and operational consequences. The aim of the new rules is to make sure organisations understand who is doing the work and that the correct checks have been completed before anyone starts.
What employers should do now:
Review who actually carries out work for your business, including casual labour and subcontractors.
Make sure you know who is responsible for completing the checks and what evidence is kept.
Update contracts with suppliers or service providers so right to work obligations are clear.
Check that any digital identity provider you use is properly registered.
Train managers and administrators on the new scope and record keeping requirements.
Keeping records matters - right to work compliance is largely about being able to show you followed the correct process. Clear, accessible records help protect your business if the Home Office ever asks for evidence.
ACAS Research: 41% of Employers Still Unaware of the New Harassment Prevention Duty
ACAS has warned that a large number of employers are not yet prepared for the new sexual harassment prevention duty, even though it comes into force this month. Their recent research found that 41% of organisations were unaware the law was changing, and many others felt unsure about what “reasonable steps” actually look like in practice.
A Quick Recap of the Employment Rights Act Changes effective October 2026
Stronger duty to prevent sexual harassment: The new proactive duty is now live. Employers must take all reasonable steps to prevent harassment, including regular training, clear reporting routes and a culture that supports speaking up.
New liability for third party harassment: Employers may now be liable if workers are harassed by customers, clients or other external contacts and reasonable steps weren’t taken to prevent it.
Increased tribunal time limits: Employees now have six months to bring most tribunal claims, doubling the previous three month limit.
Trade union workplace access rights: Unions now have clearer rights to access workplaces, including digital access, to speak with workers.
Duty to inform workers of their right to join a trade union (delayed): This change was originally expected in October but has been pushed back to January 2027.
Tribunal Focus: DHL v Ignatowicz – A Reminder That Process Matters
A recent Employment Tribunal case involving DHL shows how easily social media issues can escalate and why employers must handle them carefully. The employee had posted comments on Facebook about a workplace grievance, including further posts that colleagues linked back to the company. DHL dismissed him for alleged gross misconduct, but the tribunal found the dismissal unfair.
Two factors were central to the outcome:
The employee had never been trained on the social media policy. Although DHL had an email and internet policy covering social media, the employee had not been given it, trained on it, or made aware of the rules until the investigation began. Furthermore, the tribunal noted there was no clear evidence that breaching the policy amounted to gross misconduct.
The dismissal decision was made too quickly. The employer relied heavily on the initial Facebook post and moved straight to dismissal without asking the employee to remove the post, exploring whether any reputational damage had actually occurred, or considering mitigating factors such as his apology, clean record or personal circumstances. The tribunal concluded the decision fell outside the range of reasonable responses.
Key takeaway: social media cases need proportionate handling. Clear policies, proper training, a balanced investigation and consideration of context all matter. Even when posts appear inappropriate, employers must show they followed a fair process and the ACAS Code before deciding on dismissal.
World Mental Health Day 2026 – 10th October
World Mental Health Day takes place on 10 October and this year’s theme, “Lived experiences heard: real voices, real change,” encourages all of us to listen more deeply to the people around us. The Mental Health Foundation emphasises that conversations about mental health matter most when we create space for people to share their experiences and feel genuinely heard.
For small businesses, this is a timely reminder that wellbeing isn’t about campaigns or posters, it’s about everyday interactions. Listening without judgement, checking in with colleagues and making it easy for people to speak up can make a meaningful difference.
Practical actions for SMEs
• Encourage managers to have simple, supportive check ins.
• Create space for honest conversations and make sure people know who they can talk to.
• Share guidance on how to talk and listen well, the Mental Health Foundation provides free tip sheets employers can use.
• Promote your existing wellbeing resources such as mental health policies and employee assistance programmes.
• Lead by example: model calm, open conversations and show that it’s okay to ask for help.
Need Any Support?
If any of these updates raise questions for your business, we’re here to help you navigate them. Whether you need a quick sense check, support with reviewing policies or guidance on upcoming legal changes, Empower People HR offers practical, flexible advice shaped around the realities of small business life. You can reach out any time if you’d like to talk through what these changes mean for your team.
Get in touch and book a free discovery call here.
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