Zara Smith, Writer and Editor

From 30 October 2026, a second wave of reforms under the Employment Rights Act 2025 comes into force across Great Britain. Alongside the new harassment duties (see the Coram PACEY blog on the harassment law changes dated 29th September 2026), these changes strengthen trade union rights, extend tribunal time limits and tighten rules around flexible working and other core employment practices. This article focuses on the key changes that matter most to childminders who employ assistants. 

1. Employment tribunal time limits double (from 1 October)

Although this change technically starts on 1 October, it sets the context for everything that follows. The time limit for bringing most employment tribunal claims (unfair dismissal, discrimination, whistleblowing, TUPE, etc.) increases from 3 months to 6 months. In Scotland, breach‑of‑contract claims get the same extension from 9 November 2026.

For childminders, this means disputes that might previously have “expired” after three months can now be brought for twice as long, so good records of recruitment, performance management, discipline, grievances and dismissals become even more important. Ensure your disciplinary and grievance procedures are up to date and that you know how to use them, and keep clear, contemporaneous notes of meetings, warnings, investigations and outcomes.

2. Flexible working: refusals must be reasonable and explained 

Flexible working requests are already a day‑one right, but from October 2026 the rules around refusals tighten. Employers can still refuse on one of the statutory grounds (for example, burden of additional costs, inability to reorganise work, detrimental impact on quality or performance). However, any refusal must now be reasonable and accompanied by a clear explanation of why the request cannot be accommodated. In practice, tribunals will look at whether you properly considered the request, explored possible compromises (for example, a trial period, adjusted hours, job share) and gave a coherent, evidence‑based reason for refusal.

In childminding, many requests will relate to caring responsibilities (school runs, childcare for other children), health conditions or disabilities, or study or training commitments. Given staffing pressures and ratio requirements, you may sometimes need to refuse, but you must be able to show you have considered options and that your decision is reasonable. Use a simple, standard flexible working request form and process, record the request, your assessment, any alternatives considered, and your decision with reasons, and where possible offer a trial period or review date rather than an outright “no”.

3. Trade union reforms: what this means for childminders who employ assistants

If you’re a childminder who employs assistants, the new UK trade union reforms are unlikely to have a major day‑to‑day impact unless one of your employees wants union representation. However, there are some changes you should be aware of.

What has changed?

Under the Employment Rights Act 2025, the government has strengthened trade union rights by making it easier for unions to gain recognition from employers, giving independent trade unions greater access to workplaces to communicate with workers, requiring employers to inform workers of their right to join a trade union, and expanding rights and facilities for workplace representatives.

What does this mean for a childminder employing assistants?

In practice, your assistants have the right to join a trade union if they wish. This has always been the case, but they will receive stronger protections and information about those rights. [business.gov.uk] You must not treat an assistant unfairly because they are a union member or take part in lawful union activities. These protections already existed and continue to apply. If a union sought to organise workers in your setting, there may be greater rights for the union to communicate with your employees. However, in a very small childcare business employing only one or two assistants, formal union recognition is generally less likely than in larger workplaces.

What is unlikely to affect you?

For most childminders, the following union reforms will have little practical effect: strike ballot changes, industrial action procedures, and collective bargaining arrangements found in larger workplaces.

4. Other changes in the wider rollout (context for employers)

While not all taking effect on 30 October, these reforms form part of the same legislative package and affect how you should be preparing now. From 1 January 2027, the qualifying period for ordinary unfair dismissal claims will fall from 2 years to 6 months. This is now confirmed for 1 January 2027 meaning that by the time this change lands, many of your assistants will have unfair dismissal rights sooner, so robust induction, probation and performance management processes are essential.

Statutory sick pay (SSP) is already payable from day 1 of sickness (no three waiting days) from April 2026, and the lower earnings limit (LEL) has been removed; workers below the old LEL qualify for SSP at 80% of earnings. Make sure your sickness policy and payroll arrangements reflect this. Employers must also keep records of annual leave entitlement and pay for six years from April 2026, with non‑compliance a criminal offence punishable by fines. Ensure your annual leave records (including for part‑year and term‑time staff) are complete and stored securely.

Practical checklist for childminders who employ assistants

• ​​Update your knowledge and understanding of tribunal time limits
• ​​Check your last 12 – 18 months of disciplinary/grievance/investigation files are complete and well organised.
• ​​Inform staff of their union rights, perhaps through a one‑page union rights notice.
• ​​Decide and record how you will handle reasonable union rep access (place, time, notice).
• ​​Ensure that your induction and performance management processes are robust and your assistants are clear about their probation period.
• ​​Review your flexible working policy and request form; ensure decisions include clear reasons and offer trials/reviews where possible.
• ​​Ensure your staff handbook mentions tribunal time limits, union rights, flexible working and sickness/holiday reporting and recording
• ​​Commit to an annual policy and records review each autumn.

Looking ahead to 2027, prepare for the 6‑month unfair dismissal qualifying period by strengthening induction, supervision and performance management, and keep reviewing your sickness and holiday processes to stay compliant with the April 2026 changes.

Where to find more help

ACAS – Employment Rights Act 2025 pages: clear summaries of the harassment changes and what employers must do. Employment Rights Act 2025 – ACAS

CIPD – Sexual harassment and third‑party harassment guidance: practical checklists and risk‑assessment tools. UK employment law changes August 2026 | CIPD

Business.gov.uk – New employment rights: government explainer for small employers. August 2026 issue of the Employer Bulletin – GOV.UK

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