Employment, contingent workforce and immigration | UK Regulatory Outlook October 2026

Employment

Government updates Employment Rights Act implementation plans

The government has published a number of consultation updates and an updated roadmap for implementing the Employment Rights Act, setting out revised timelines that employers will want to check against their existing preparations.

October has already seen the extension of tribunal limitation periods, with the roadmap confirming 30 October 2026 for strengthened trade union rights and harassment protections. The latest roadmap sets out implementation dates for measures including:

• 1 January 2027. The reduction of the ordinary unfair dismissal qualifying period from two years to six months, the duty to inform workers of their right to join a trade union and strengthened tipping law.
• March 2027. Fire-and-rehire reforms.
• April 2027. Action plans on gender equality and supporting employees through the menopause, collective redundancy reforms and bereavement leave reforms.
• September 2027. Restrictions on the misuse of non-disclosure agreements (NDAs) relating to workplace harassment or discrimination.
• October 2027. Enhanced dismissal protections for pregnant employees, new mothers and employees taking specified other forms of family leave, alongside flexible working reforms.

The detailed timetable for guaranteed hours, notice of shifts and payments where shifts are cancelled or changed at short notice remains subject to the consultation process.

For details on the upcoming changes, and to see the latest government's responses to the latest consultations, see our latest Employment Law Coffee Break

Whistleblowing: government consults on wider protections, possible employer duties and financial rewards

The government has launched what it describes as its "most comprehensive assessment" of whistleblowing since the introduction of the Public Interest Disclosure Act 1998. Alongside wider protections for whistleblowers, the consultation considers a new statutory duty requiring employers to maintain effective whistleblowing procedures and follow up on disclosures. It also considers a separate scheme allowing the Serious Fraud Office to pay financial rewards for information leading to enforcement action against a company for fraud, bribery or corruption.

The consultation closes on 8 January 2027, with a government response setting out next steps expected during the course of the year. No implementation date has yet been set. Read more in Osborne Clarke's latest Employment Law Coffee Break

Employment status: government consults on worker protections and rights for the self-employed

The government has launched a consultation on targeted reforms around employment status and additional protections for the genuinely self-employed. The proposals concern employment status for employment law and not the separate test for tax purposes. The government has indicated it will only consider a single status of worker as a longer-term goal. For now, it proposes more limited changes, including placing less weight on personal service in the "limb (b)" worker test and introducing a presumption of worker status in tribunal claims.

The consultation closes on 8 January 2027. Read more in Osborne Clark's latest Employment Law Coffee Break

Contingent workforce

Contingent workforce faces a wave of October reforms

Agencies, umbrella companies and the end-hirers that rely on them face a dense run of legal change this autumn. Since 1 October, right-to-work penalties under the Border Security, Asylum and Immigration Act 2025 now reach up the supply chain to businesses that use contractors, agencies, platforms and subcontractors, not just direct employers. From 30 October, a new duty will require employers not to permit the harassment of their staff by third parties, including agency workers on site. Tribunal time limits for most claims have already doubled, from three months to six, extending how long worker-status and holiday pay disputes can stay live.

Three further developments matter for anyone buying, selling or using contingent labour. The government is expected to consult on closing "bogus self-employment" loopholes, potentially including a legal presumption of worker status in tribunal claims. The Upper Tribunal's decision in Opus Labour Services Limited v HMRC is a fresh warning that VAT input tax can be denied even without actual knowledge of fraud in a supply chain. The ongoing Boox case will also test when a contractor's service provider becomes a taxable "managed service company", a question with consequences that can reach agencies and their directors.

Read Osborne Clarke's full analysis, including the practical steps for supply chain due diligence, in this Insight.

Employment status: government consults on worker protections and rights for the self-employed

The employment status consultation mentioned above has particular significance for gig worker platforms that use self-employed gig workers to deliver services, including in the food delivery and courier sectors. Read more about the consultation.

Immigration

Nothing to report this month.