Author: Daniel Love

Categories
Employment Law Employment Rights Act 2025 HR Lousha Reynolds

New Rights for Family Bereavement and Pregnancy Loss: No one should have to fight for time to grieve

Black ribbon on a striped fabric background

On 22 September 2026, the Government published its response to the consultation on bereavement leave, confirming a significant extension to employees’ statutory rights from April 2027.

Currently, statutory bereavement leave is relatively limited. Parents have a day-one right to two weeks’ Parental Bereavement Leave following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy. There is no equivalent general statutory right following the death of another close family member or a pregnancy loss before 24 weeks.

A new right to family bereavement leave

Eligibility:

From April 2027, employees will have a day-one right to unpaid bereavement leave following the death of a:

  • Spouse, civil partner or partner (co-habiting or non-cohabiting in a committed long-term relationship);
  • parent;
  • adult child; or
  • sibling.

Importantly, the definition of family will recognise modern family relationships and extend to relevant step, half, adoptive, foster and kinship care relationships. However, the death of extended family members, such as aunts, uncles, cousins, grandparents, grandchildren, and in-laws, is not included.

Bereavement leave will also cover all types of pregnancy loss before 24 weeks, including IVF embryo transfer loss and terminations, and will be available to the pregnant person, the other parent or partner, an intended co-parent and the intended surrogate parents.

Duration and timing

Employees will be able to take up to two weeks’ leave (prorated to their usual working pattern). The leave will be capable of being taken flexibly within 56 weeks of the bereavement, including as individual days rather than requiring employees to take one continuous block. The intention of this is to allow employees to take leave around difficult periods, such as due dates, birthdays or anniversaries.

Notice and evidence requirements

The Government has adopted a relatively light-touch approach to notification. Where leave is taken during the first eight weeks following the bereavement, notice should be provided before the employee starts work on the day they intend to take leave, or as soon as reasonably practicable. Thereafter, one week’s notice is required. Any form of notice will be acceptable to allow employees to communicate in the way that is best for them (such as via WhatsApp or Teams) and no evidence will be required.

Will the leave be paid?

The new rights will be unpaid.

This is an important distinction from the existing Parental Bereavement Leave regime, under which eligible employees may also qualify for Statutory Parental Bereavement Pay.

Of course, many employers already offer paid compassionate or bereavement leave which goes beyond the statutory minimum. The new legislation will create a minimum legal entitlement rather than preventing employers from offering more generous arrangements.

However, the fact that the leave is unpaid may well limit the practical impact of this change and will likely result in employees opting to take sick leave, meaning that they benefit from contractual sick pay schemes or, at worst, SSP.

Protection for employees

Employees exercising their statutory right will be protected against detriment and dismissal because they have taken, or sought to take, bereavement leave.

The fact that it will be a day-one employment right also means employers will need to ensure managers understand that it applies irrespective of an employee’s length of service.

What should employers do?

There is no immediate action required, with the changes not taking effect until April 2027. The government has also confirmed that it will publish guidance next year, with calls for this to cover the interplay between sick leave/pay and bereavement leave.

However, and ahead of the official guidance and this coming into force in April 2027, employers should add bereavement and compassionate leave policies to their list of policies requiring review ahead of the April changes.

In particular, employers should consider whether their existing policies:

  • cover the wider family relationships that will fall within the new statutory regime and if not, update them;
  • consider whether to enhance the statutory minimum requirements- will paid leave be offered to some or all of the family relationships that come within the new regime, or does the employer think that the entitlement should extend to wider family members that are currently outside of the new statutory regime (grandparents, grandchildren, aunts, etc.);
  • if paid leave is offered as part of a contractual entitlement, does the employer want to prescribe different eligibility or notification requirements and, if so, this needs to be reflected in contracts and policies;
  • train managers on the full scope of the entitlement and the regime, particularly regarding notice, evidence and the method of communication, as well as the right not to be subject to detriment or dismissal.

For employers already offering generous, compassionate leave arrangements, the practical impact may be relatively limited. For others, this represents an important extension of the statutory safety net.

Either way, bereavement is an area where good HR practice should rarely be about doing the bare legal minimum. The new rights provide an opportunity for employers to review not only whether their policies will be legally compliant, but whether they provide the level of compassion and flexibility they would want employees to experience at one of the most difficult times in their lives.

CONTACT US

We’re here to help with any questions or concerns you may have. Whether you need expert advice or would like an initial conversation about our services, pricing, or the options available, please don’t hesitate to get in touch. At Refreshing Law, what sets us apart from other law firms is that you’ll get to speak to an experienced employment lawyer right from the very first call.

02920 599 993

07737 055 584

lreynolds@refreshinglawltd.co.uk

GET IN TOUCH

Lousha Reynolds
Refreshing Law

Categories
Employment Law Employment Rights Act 2025 HR Industrial Action Lousha Reynolds

Trade Unions Are Coming In: Are employers ready for the new right of access?

Inside a warehouse with stacked boxes and employees walking through

From 30 October 2026, trade unions will have a new statutory right to seek access to workplaces, including businesses which have never previously had any union involvement.

This is arguably one of the most significant trade union reforms introduced by the Employment Rights Act 2025 and one that employers should be preparing for now.

What is changing?

The new regime will allow trade unions to request access to a workplace for the purposes of recruiting, organising and representing workers.

Access can be physical or digital, so this is not simply about allowing a union official through the front door. It could also involve facilitating communications with workers or enabling virtual meetings using an employer’s existing IT systems.

In contrast to statutory recognition, there is no requirement for a union to demonstrate a particular level of existing membership or support before making a request.

Only small businesses with fewer than 21 workers will be exempt from access, but importantly the headcount will include workers employed by associated and group companies (rather than it being assessed by entity or workplace).

Can an employer refuse?

Simply saying “no” is unlikely to be an option.

Once a formal access request is received, an employer will have 15 working days to respond. If the request is not accepted in full, there will then be a 25-working-day negotiation period.

If agreement cannot be reached, the union can apply to the Central Arbitration Committee (CAC) for a workplace order within 15 working days. The CAC will then determine whether access should be granted to the union and, if so, on what terms.

The legislation is deliberately weighted towards facilitating access. Although employers will be able to raise legitimate concerns about matters such as national security, criminal justice and health and safety, outright refusal is expected to be difficult to justify and there is likely to still be a requirement to facilitate access in less disruptive ways.

What might union access actually look like?

There will be model terms for access arrangements and if a union’s request for access is based on them, it will make it much more likely to be ordered by the CAC. The Government had originally said it would publish a full model agreement but has taken a less prescriptive approach and will instead rely on the additional guidance in the Code of Practice, which the CAC will consider when making decisions.

The model terms therefore provide a useful indication of what employers should expect, including:

  • Access up to once a week, either physically or digitally.
  • Employers must make existing meeting facilities and communication channels available and facilitate private communications between workers and union representatives.
  • Workers attending access meetings during working time should also be paid for that time.

What if employees work at a client’s premises?

This is particularly relevant to businesses such as facilities management, security and outsourced service providers.

Where employees work at premises controlled by somebody else, the employer will still be expected to take reasonable steps to facilitate access, including approaching the client or property owner.

This is therefore something businesses may also need to consider when negotiating contracts with clients and other third parties.

What are the consequences of getting it wrong?

The potential financial consequences are significant.

Complaints about breaches of access agreements can be made to the CAC within 3 months of the breach. Repeated non-compliance can ultimately result in substantial financial penalties, with the proposed regime providing for penalties of up to £75,000 for a first breach, £150,000 for a second breach and £500,000 for further breaches.

This is therefore not a regime that employers can afford to ignore.

What should employers be doing now?

With the new rights taking effect on 30 October 2026, immediate preparation is key.

In particular:

  • decide who will take responsibility for dealing with a union access request and ensure requests are escalated immediately (particularly as you will only have 15 working days to respond!);
  • set up employee engagement forums as if your workforce feels informed and that they have a voice, they are less likely to be tempted by the union’s campaign;
  • consider where physical union meetings could realistically take place and how you can comply with digital access requests whilst minimising disruption to the business;
  • use the negotiation period to shape and limit the practical impact of the request;
  • consider how the new regime interacts with client sites and third-party premises; and
  • brief HR teams and managers on how to respond if a union approaches the business, and to ensure that union visits are handled appropriately.

For businesses that have historically operated without trade union involvement, this represents a significant change. The key message is that union access will no longer necessarily depend upon an employer’s agreement.

The 15-working-day response period also leaves little time to formulate a strategy once a request arrives. Employers who understand now how they would accommodate and, where appropriate, negotiate the parameters of union access will be much better placed when the new regime takes effect. If you do require any support with your preparations, or advice and assistance in the event that a request for access lands, don’t hesitate to contact us.

CONTACT US

We’re here to help with any questions or concerns you may have. Whether you need expert advice or would like an initial conversation about our services, pricing, or the options available, please don’t hesitate to get in touch. At Refreshing Law, what sets us apart from other law firms is that you’ll get to speak to an experienced employment lawyer right from the very first call.

02920 599 993

07737 055 584

lreynolds@refreshinglawltd.co.uk

GET IN TOUCH

Lousha Reynolds
Refreshing Law

Categories
Communication Employment Law Employment Rights Act 2025 HR Industrial Action Lousha Reynolds

Trade Union Information Duty Delayed: What employers need to know

View of the City of London at sunset

Hot off the press, the Government announced last Friday (25.09.26) that the requirement for employers to provide workers with a written statement informing them of their right to join a trade union has been pushed back from 30 October 2026 to 1 January 2027, meaning a little bit of breathing space in what is already a busy month for employment law-related changes. Further details of how the duty will operate were also published by the Government and are examined in more detail below.

What is changing?

From 1 January 2027, employers will be required to provide workers with a written statement informing them of their right to join a trade union. Importantly, the obligation applies to workers, rather than employees only, and there is no small business exemption.

How about the content of the statement?

The Government will provide a standardised statement, and employers will not be allowed to change the wording.

The response to the consultation has confirmed that the statement will contain neutral and factual information about trade union membership and is expected to cover:

  • what trade unions do- providing a brief explanation of union functions;
  • details and contact information for any trade unions recognised by the employer;
  • details and contact details of any unions with statutory access agreements;
  • a link to, or a copy of the Certification Officer’s list of trade unions; and
  • a summary of workers’ statutory rights in relation to trade union membership.

It will also make clear that it remains the worker’s choice whether or not to join a trade union and that unions may charge a membership fee.

When must the statement be issued?

For anyone starting work on or after 1 January 2027, the statement will need to be provided directly to them at the same time as their written statement of employment particulars.

For HR teams, this should be relatively straightforward to incorporate into existing onboarding processes once the Government publishes the final statement.

Existing workers will also need to receive, or be given access to, the statement by 5 April 2027.

How should employers do this?

Employers will have a choice about how they do this. The statement can be sent directly to workers, for example by email or post, or it can be made continuously available somewhere reasonably accessible, such as the intranet.

However, there is an important additional requirement. Where the statement is made available indirectly, employers will need to send workers a written reminder each year confirming that it remains available and telling them where they can find it.

Employers choosing to provide the statement directly will similarly need to provide it annually by 5 April.

Employers will have to inform their workers directly if the location of the statement changes where indirect communication is relied upon. Where there is a change to the identity of unions which have recognition or statutory access agreements, the statement will be required to be reissued within one month of the change.

What are the penalties for non-compliance?

A worker will not be able to bring a standalone Employment Tribunal claim simply because their employer has failed to provide the statement.

Instead, enforcement will broadly follow the existing approach to failures concerning written employment particulars. Where a worker successfully brings another qualifying Tribunal claim, a failure to comply with the new requirement may result in an additional financial award of between 2-4 weeks capped pay.

What should employers do now?

The postponement from October to January gives employers some useful and no doubt much needed breathing space, as you will see from this newsletter that October is already a busy month!

Even for the eager amongst us, it is important to note that you should not start drafting a statement in preparation, as the Government will provide the wording, which cannot be changed. Secondary legislation setting out the detailed requirements is expected to be laid before Parliament in November 2026, with further guidance published shortly thereafter.

In the meantime, HR teams and business owners can usefully:

  • review onboarding processes to identify where the new statement will sit;
  • consider how the statement will be communicated to the existing workforce;
  • identify workers who may not have regular access to email or an intranet;
  • gather details of any recognised trade unions or statutory access arrangements; and
  • build the annual April reminder into the HR calendar.

For most employers, this is unlikely to be a particularly onerous change. However, it is another compliance requirement to add to an already busy Employment Rights Act implementation timetable.

Importantly, whilst this particular trade union reform has been pushed back, the more significant right of trade union access to workplaces is still due to take effect on 30 October 2026 as planned. For now, employers would therefore be well advised to focus their attention and preparation on that more immediate change.

CONTACT US

We’re here to help with any questions or concerns you may have. Whether you need expert advice or would like an initial conversation about our services, pricing, or the options available, please don’t hesitate to get in touch. At Refreshing Law, what sets us apart from other law firms is that you’ll get to speak to an experienced employment lawyer right from the very first call.

02920 599 993

07737 055 584

lreynolds@refreshinglawltd.co.uk

GET IN TOUCH

Lousha Reynolds
Refreshing Law

Categories
Employment Law Employment Rights Act 2025 HR Lousha Reynolds Probation Unfair Dismissal

Managing probationary periods under the new 6-month unfair dismissal threshold

Office windows at night

As employers across England and Wales prepare for the upcoming employment law updates, one core shift stands out for talent management: the reduction of the unfair dismissal qualifying period from two years to six months.

While this change formally takes effect on 1 January 2027, its practical impact is already here. Any employee recruited from July 2026 onwards will reach their six-month service mark just as the new rules come into force.

Relying on traditional six-month probationary reviews carried out near the end of the probation period now carries significant financial and legal risk.

The End of “Wait and See” Probation

Historically, employers could comfortably wait until month six to assess a new hire’s suitability, knowing they had a two-year safety buffer before unfair dismissal rights kicked in.

From 1 January 2027, dismissing an employee with six months’ service will require a fair statutory reason (such as capability or conduct) and a fair, documented procedure.

This change creates distinct operational challenges:

  • Compressed Decision Timelines: A decision on whether a new hire is working out must now be finalised well before six-months. We would recommend month 4 for this to allow time for extensions, or in case meetings slip.
  • The Uncapped Risk: Alongside the reduced qualifying period, the cap on the compensatory award in ordinary unfair dismissal claims is being removed. Dismissing a senior executive or high earner during a botched probation period could result in claims for substantial, uncapped future loss of earnings.

Rethinking Onboarding & Suitability Checks

To adapt to this condensed timeline, HR teams and line managers must move from passive probation monitoring to structured, early-stage discussions and reviews.

  • Strengthen your recruitment process in the hope that this will increase your chances of getting an employee who is suitable for the role and for the organisation. Consider the format and the approach.
  • Formalise review checkpoints during the probationary period to encourage managers to review and communicate expectations and objectives throughout the probationary period (rather than just leaving this to its expiry).
  • Address underperformance immediately. If a new recruit is struggling with capability, conduct, or culture fit, address it and document it.

Key Contractual Considerations

In addition to updating management practices, employment contracts and offer letters should be reviewed to align with the new threshold:

  • Shortened Notice Periods During Probation: Ensure employment contracts specify a short notice period (e.g., one week) during the initial probation period to allow swift termination if a fit is clearly lacking and ensure that they include a pay in lieu of notice clause.
  • Discretionary Probation Extensions: Include explicit contractual rights to extend probation where genuine reasons exist, while remaining mindful of the absolute 6-month statutory cap for unfair dismissal rights (and the need to factor in the statutory notice period of one week).

3 Immediate Steps for HR Leaders

  • Audit Recruits Hired Since July 2026: Review all recent hires and map out their probationary review and expiry dates, as well as their 6 months of service against the 1 January 2027 deadline.
  • Audit Employees with Less Than 2 Years’ Service: Underperformers? Conduct issues? Doubts about suitability for the role or the organisation? If an employee doesn’t have two years’ service, consider taking dismissal action prior to 1 January 2027 (as after that date, you will need to follow a full process and have a fair reason to dismiss).
  • Train Line Managers on Early Interventions: Educate managers that delaying performance feedback is no longer a low-risk option; early, honest feedback and thorough documentation is essential.

If you need support in navigating this change, whether it is updating documents or advice on managing exits prior to the 2027 reforms, contact the team at Refreshing Law for practical, expert advice.

CONTACT US

We’re here to help with any questions or concerns you may have. Whether you need expert advice or would like an initial conversation about our services, pricing, or the options available, please don’t hesitate to get in touch. At Refreshing Law, what sets us apart from other law firms is that you’ll get to speak to an experienced employment lawyer right from the very first call.

02920 599 993

07737 055 584

lreynolds@refreshinglawltd.co.uk

GET IN TOUCH

Lousha Reynolds
Refreshing Law

Categories
Employment Law Employment Rights Act 2025 Employment Tribunal HR Lousha Reynolds Right to Work

The October ERA compliance countdown: Are you ready?

Desks with laptops and papers

We’ve prepared a strategic roadmap to ensure your organisation remains fully compliant and protected against legal risk. Below are the key things to consider with the next stages of the ERA 2025 coming into force.

1. Employment Tribunal Time Limits Double (1 October 2026)

From 1 October 2026, the statutory time limit for bringing most employment tribunal claims increases from three months to six months.

  • What This Means: For any alleged act, omission, or dismissal taking place on or after 1 October, employees have double the time to initiate proceedings. Remember that if the act or omission takes place prior to 1st October, the current 3-month time limits apply, meaning that there may be an opportunity to strike out claims where the change has bene misunderstood!
  • Key Risk: Disputes that appear settled informally may resurface months down the line. HR teams must enforce rigorous contemporaneously documented notes, identify witnesses as early as possible and ensure that the document retention periods are sufficient in light of this change.

2. Right to Work Verification Extended to Contractors (1 October 2026)

Regulations under section 48 of the Border Security, Asylum and Immigration Act 2025 take effect on 1 October 2026, extending Right to Work verification duties beyond formal employment contracts.

  • Expanded Scope: Organisations engaging workers, platform staff, and personal service subcontractors must conduct statutory document or digital right to work checks prior to engagement.
  • Financial Penalties: Civil penalties stand at up to £45,000 per worker for first breaches and £60,000 for repeat non-compliance. End-user businesses should review supply chain indemnities immediately.

3. The Extended Harassment Duty & Third-Party Protections (30 October 2026)

The statutory duty regarding harassment shifts from taking “reasonable steps” to taking “all reasonable steps” to prevent sexual harassment.

  • Third-Party Liability: Employers will become legally liable for harassment of employees by third parties (clients, customers, service users, contractors and suppliers) across all protected characteristics, unless they can show that they took all reasonable steps to prevent the third-party harassment.
  • Mandatory Action: As a minimum, businesses will need to be able to show that they have up to date risk assessments, up to date policies and harassment reporting protocols, and that they have rolled out training and refreshers in order to rely on the “all reasonable steps” defence.

4. Trade Union Access & Statement Obligations (30 October 2026)

A package of trade union reforms takes effect at the end of October:

  • Unions gain structured rights to request physical and digital access to workplaces to recruit and represent workers.
  • Expanded time-off rights take effect for union representatives and union equality representatives.
  • Importantly, the government announced last Friday (25.09.26) that the duty to inform workers of their trade union rights by providing a statutory written notice has been pushed back from 30 October 2026 to 1 January 2027, so for now, this is at least one less thing on the to do list.

Action Steps for HR Leaders This Month:

  • Update internal document retention schedules to increase the time limit for retaining documents to a minimum of 12 months.
  • Audit recruitment and contractor onboarding workflows to embed Right to Work checks.
  • Actively prepare for the changes to the law on harassment: review your policies, conduct risk assessments, action the outcomes of those risk assessments and implement monitoring and reporting procedures. Think about your existing contracts and build in provisions regarding harassment, consider your warning notices to customers and roll our training for staff.

Need tailored advice on preparing for this raft of changes? Contact us today.

CONTACT US

We’re here to help with any questions or concerns you may have. Whether you need expert advice or would like an initial conversation about our services, pricing, or the options available, please don’t hesitate to get in touch. At Refreshing Law, what sets us apart from other law firms is that you’ll get to speak to an experienced employment lawyer right from the very first call.

02920 599 993

07737 055 584

lreynolds@refreshinglawltd.co.uk

GET IN TOUCH

Lousha Reynolds
Refreshing Law

Categories
Acas Employment Law Employment Rights Act 2025 Employment Tribunal Lousha Reynolds Unfair Dismissal

Doubling the Clock: How the 6-month tribunal limitation period changes HR risk management

The outside of the new London Tribunals Centre

With major provisions of the Employment Rights Act 2025 taking effect in October 2026, employment law in England and Wales is undergoing its most significant shift in years. While much attention has rightly focused on trade union access and third-party harassment duties, one fundamental procedural reform demands immediate operational attention: the doubling of the Employment Tribunal limitation period from three months to six months.

As it stands, most employment tribunal claims in England and Wales need to be brought within three months of the act complained of. This includes claims for unfair dismissal, discrimination and unlawful deduction from wages. Only a small number of claims currently have a 6 month time limit, such as claims for equal pay or a statutory redundancy payment.

This is all set to change from 1 October 2026. From that date, for any act, omission, or dismissal occurring on or after 1 October 2026, employees will have six full months, rather than three, to lodge a claim with the Employment Tribunal.

While a six-month window has long been standard for statutory redundancy payments and equal pay claims, extending this timeline across all ‘ordinary’ Employment Rights Act claims permanently changes HR risk management, witness memory, and dispute resolution strategy.

The Practical Impact on Workplace Risk

The historic three-month limitation period served as a swift mechanism for resolving workplace disputes. If an exit went smoothly or an informal grievance quieted down for ninety days, employers could generally draw a line under the matter.

Under the new six-month rule, that safety margin vanishes:

  • The Delay of Claims: The combined effect of the increased ACAS early conciliation period (now 12 weeks) and the longer time limits means that an employers will often need to wait a significant amount of time before they find out if a claim has been brought. That delay is likely to be further extended by the already overburdened Tribunal system and the delays in issuing notifications of claims. An employee who departs quietly or accepts a discretionary exit package without a formal settlement agreement now has double the time to reconsider, seek legal advice, and issue proceedings.
  • Fading Witness Recollections: Line managers and witnesses called to testify will be asked to recall conversations, performance reviews, and informal verbal warnings that took place around 18 months prior by the time a full hearing occurs (or a lot longer in some regions due to Tribunal delays).
  • Staff Turnover Challenges: Key witnesses, investigating officers, or HR leads involved in a workplace dispute may leave the business long before a claim is formally served, leaving the employer struggling to piece together a defence.

Overhauling HR Record-Keeping

To mitigate the risk of delayed claims, businesses must move away from informal, undocumented decision-making.

  • Document the “Informal” Steps: Informal performance chats, verbal check-ins, and soft warnings must be logged in writing. A simple follow-up email confirming key discussion points creates an immediate contemporaneous paper trail.
  • Standardise Exit Records: Conduct formal exit interviews for all departing staff, regardless of whether the departure appears amicable. Clear, contemporaneous notes signed off at departure make it significantly harder for a former employee to construct a contradictory narrative months later.
  • Extend File Retention Windows: HR teams should adjust internal document retention schedules. Notes from grievance meetings, disciplinary investigations, and capability processes should be archived securely for a minimum of 12 months post-exit to ensure full coverage during the expanded claim window.

  • Identify Witnesses at an Early Stage: Identify key witnesses early and retain up-to-date contact details. Employment contracts should include a clause requiring employees to provide reasonable assistance with legal proceedings during and after their employment. If a key witness leaves, consider including a similar obligation in a settlement agreement or taking a written witness statement before their employment ends.

Rethinking Settlement Strategy

The extended limitation period will also impact settlement dynamics:

  • Without Prejudice Discussions: Unrepresented employees will have twice as long to weigh up settlement offers or consult Acas.
  • Settlement Agreements: Discretionary severance packages or exit arrangements should more routinely be formalised via a binding Settlement Agreement with independent legal advice. Relying on an unbinding “handshake deal” now carries six months of unhedged exposure.

3 Steps Employers Must Take Before 1 October 

  • Audit HR Archiving: Ensure line managers submit all local notes, emails, and interview records to central HR immediately when dealing with any dispute and upon any employee exit, and ensure document retention periods are sufficient to cover the doubling of the limitation period.
  • Train Line Managers: Educate team leaders on the legal weight of contemporaneous notes. Ensure they understand that informal conversations must be recorded accurately.
  • Review Exit Protocols: Update offboarding checklists to ensure formal exit interviews and written acknowledgements are completed consistently.

Need guidance on updating your HR record-keeping protocols or drafting compliant policies or training your managers ahead of the October deadline? Contact the team at Refreshing Law for expert, practical advice.

CONTACT US

We’re here to help with any questions or concerns you may have. Whether you need expert advice or would like an initial conversation about our services, pricing, or the options available, please don’t hesitate to get in touch. At Refreshing Law, what sets us apart from other law firms is that you’ll get to speak to an experienced employment lawyer right from the very first call.

02920 599 993

07737 055 584

lreynolds@refreshinglawltd.co.uk

GET IN TOUCH

Lousha Reynolds
Refreshing Law

Categories
Data Protection Act 2018 Employment Law HR Stress

Guest Blog | Minimising Workplace Coaching Risk: Why HR governance matters more than ever

UCA logos superimposed on a photograph of Rhossili Bay in Wales

By Amanda Morgan, UCA Cymru

As coaching becomes deeply embedded in leadership development, wellbeing, and organisational change, UK employers face a silent compliance risk: how do you guarantee quality and safeguard your business in a completely unregulated market?

When commissioning external training or legal counsel, HR professionals demand rigorous procurement checks. Yet, workplace coaching is frequently procured on vibes, historical certifications, or personal recommendations.

Recently shortlisted for the HR in Wales Awards 2026 (Creativity & Innovation), UCA Cymru, the Welsh arm of the Universal Coaching Alliance, presents a new framework for HR leaders and employment law advisers looking to mitigate risk and enforce robust professional assurance.

The Risk Context: High exposure, low regulation

Today, coaches are routinely dropped into high-sensitivity workplace environments to manage:

  • Senior Leadership & Strategy: Handling sensitive commercial data.
  • Wellbeing & Stress Management: Navigating mental health boundaries.
  • Disciplinary & Performance Improvement Plans (PIPs): Interventions that could impact potential Employment Tribunal claims.

Unlike legal or medical professions, coaching lacks centralised statutory regulation. Accreditation pathways vary wildly. Many practitioners operate without ongoing supervision, meaning an employer’s primary assurance is often a historic qualification that may be years out of date.

From an HR governance perspective, this raises critical questions:

The Legal & HR Blindspot: If a coach operating in your business crosses ethical boundaries, mismanages a mental health crisis, or breaches confidentiality, where does the liability sit? How can you prove you fulfilled your corporate Duty of Care?

Moving the Needle: Accountability over subscription fees

UCA Cymru rewrites this dynamic by decoupling professional credibility from financial renewals. Their model argues that credibility must be proven through current, ongoing behaviour and accountability, not a yearly subscription payment.

To maintain accredited status within UCA Cymru, coaches must consistently evidence:

  • Active, documented professional experience.
  • Strict adherence to a defined ethical code.
  • Mandatory, regular supervision.
  • Continuous Professional Development (CPD) mapped to modern workplace risks.

By removing ongoing renewal fees and replacing them with strict, evidence-based compliance checks, the model aligns perfectly with HR procurement standards: credibility is tied to live governance, not past prestige.

Built-In Safeguards: Supervision and CPD

In professional coaching, supervision is the ultimate risk-mitigation tool. It acts as an early-warning system for boundary management, ethical dilemmas, and psychological safety.

While many coaches treat supervision as an optional extra, UCA Cymru embeds it as a non-negotiable expectation. To remove financial barriers to compliance, they offer subsidised group supervision. For employers, this ensures that coaching interventions are monitored by a wider network of peers and legal/ethical frameworks.

Furthermore, their mandatory CPD reflects the immediate realities faced by modern UK HR departments, targeting:

  • Trauma-informed workplace practices.
  • Neurodiversity and ADHD-informed coaching (reinforced via ANUCA, their specialist arm).
  • The ethical and responsible use of AI in professional development.

Language, inclusion, and psychological safety 

For an intervention to be effective, there must be absolute trust. In Wales, and across increasingly diverse UK workforces, language and cultural nuance directly dictate psychological safety.

By actively supporting and standardising bilingual practice (Welsh and English), UCA Cymru doesn’t just meet Welsh Language Standards. It actively reduces miscommunication risks in sensitive HR scenarios.

Checklist: Is your organisation procuring coaching safely? 

Use this checklist to audit your current internal and external coaching pool against modern HR governance standards.

1. Professional Standards & Credibility

  • Is the coach a member of a professional body with an enforceable code of ethics?
  • Does their accreditation require proof of current practice, or are they relying on a historic qualification?
  • Is their professional standing audited through ongoing behaviour rather than just annual fees?

2. Risk Management & Supervision

  • Is the coach engaged in regular, structured professional supervision?
  • Is there a clear protocol for the coach to flag organisational or mental health risks without breaching core confidentiality?
  • Does the coaching framework clearly distinguish between coaching, counselling, and formal HR processes?

3. Diversity, Inclusion & CPD

  • Is the coach trained in neurodiversity-informed practices (e.g., ADHD awareness)?
  • Can the coaching be delivered in the employee’s language of choice, where operational standards require it?
  • Does the coach’s CPD cover modern workplace issues like psychological safety and AI ethics?

Why this matters for HR leaders

Coaching is no longer a peripheral corporate luxury; it is a core operational tool used in high-trust, high-stakes scenarios. Implementing rigorous checks isn’t about micromanagement. It’s about protecting your employees and demonstrating robust corporate governance should an internal grievance or tribunal arise.

Take Action: Secure your coaching governance

Don’t wait for a boundary breach or a failed intervention to audit your coaching standards.

  • Review Your Roster: Benchmark your current coaching providers against the checklist above.
  • Connect with the Experts: To learn more about evidence-based accreditation or to source verified, supervised coaches who understand HR risk, visit UCA Cymru.
  • Download the Framework: PDF Checklist to share with your procurement and leadership teams.

About UCA Cymru

UCA Cymru is the first regional branch of the Universal Coaching Alliance. A supportive and inclusive community for coaches across Wales, we believe coaching is not a solo journey. It is strengthened through relationships, shared learning, and collective experience. If you are looking for connection, encouragement, and a place where you truly belong, you’ll find it here. Join us and invest in your coaching practice and connect to the coaching community in Wales.

0800 998 7904

amanda@universalcoachingalliance.org

GET IN TOUCH

Amanda Morgan
UCA Cymru

Universal Coaching Alliance logo.
UCA Cymru Welsh dragon logo.

CONTACT US

We’re here to help with any questions or concerns you may have. Whether you need expert advice or would like an initial conversation about our services, pricing, or the options available, please don’t hesitate to get in touch. At Refreshing Law, what sets us apart from other law firms is that you’ll get to speak to an experienced employment lawyer right from the very first call.

02920 599 993

07737 055 584

lreynolds@refreshinglawltd.co.uk

GET IN TOUCH

Lousha Reynolds
Refreshing Law

Categories
Duty of Care Employment Law Employment Rights Act 1996 Health and Safety HR Unfair Dismissal

Guest Blog | UK workplace drug testing

Forensic Resources Ltd logo

By Abi Carter of Forensic Resources Ltd

How to avoid unfair dismissal pitfalls

Ensuring a safe and productive workplace is a fundamental responsibility for employers, sitting alongside statutory duties under the Health and Safety at Work etc. Act 1974.

For many organisations, this includes a Drugs and Alcohol Policy supported by workplace testing. When carried out correctly, testing protects employees and reduces risk. However, when done hastily, employers expose themselves to significant legal risk.

At Forensic Resources Ltd (FRL), we frequently assist HR professionals and employment lawyers in navigating this delicate area. The biggest challenge? A misunderstanding of what tests actually prove — and when it is legally safe to act.

Point of Care Testing (POCT): Useful, but presumptive only

Many employers favour Point of Care Tests (POCTs) — quick, onsite screening tests (saliva or urine) that give an immediate indication of substance presence.

The benefits of POCT:

  • Speed: Immediate results.
  • Cost-Effective: Relatively inexpensive.
  • Risk Management: Supports immediate decisions, such as temporarily removing an employee from a safety-critical role.

The critical limitation:

POCT results are presumptive only. This is a position recognised within UK forensic toxicology standards. They cannot confirm:

  1. If the reading is analytically accurate.
  2. If the substance is an illicit drug or a lawful prescription medication.
  3. If “cross-reactivity” has produced a false positive.

Crucial Distinction: At this stage, results should be described as “non-negative,” not “positive.” No employee should ever be dismissed based solely on a POCT result.

Why laboratory confirmation is essential

A non-negative POCT result is only the first step. Employers must send the sample to an accredited forensic toxicology laboratory for confirmatory analysis.

In the UK, laboratories should be accredited by UKAS to ISO/IEC 17025, the recognised standard for testing competence. Confirmatory analysis uses validated techniques like Gas Chromatography–Mass Spectrometry (GC-MS) to:

  • Identify the exact drug or metabolite present.
  • Quantify the levels detected.
  • Eliminate false positives.
  • Produce results suitable for disciplinary and tribunal proceedings.

Skipping this stage undermines procedural fairness and leaves the employer legally vulnerable.

The “medication” factor: understanding context

A confirmed finding does not automatically indicate misconduct. Employers must consider if the drug detected is a metabolite of lawful medication.

  • The Codeine Example: Codeine is a lawful medication that metabolises into morphine. A morphine finding may reflect legitimate codeine use rather than illicit opioid consumption.
  • Other Triggers: Antidepressants, ADHD medications, and sleep aids can legitimately influence toxicology results.

If HR teams do not understand the results, they should seek a formal toxicology report or pharmacological opinion to determine whether the findings indicate impairment rather than mere presence.

A fair and defensible process: 7 steps for employers

To minimise risk and ensure a fair investigation under UK employment law, follow this structured approach:

  • Maintain a Clear Policy: Reflect HSE and GOV.UK guidance regarding consent and proportionality.
  • Use Accredited Laboratories: Ensure results are scientifically and legally defensible.
  • Ensure Chain of Custody: Maintain sample integrity from collection to reporting.
  • Wait for Confirmation: Never discipline based on POCT results alone.
  • Seek Expert Interpretation: Understand why a result occurred.
  • Consider Mitigation: Evaluate medical explanations as part of a fair investigation.
  • Document Everything: Build a strong evidence trail for potential tribunals.

Why being “test-ready” matters

Workplace drug testing is time-critical. Drugs remain detectable for a finite period; delays in sample collection can result in the permanent loss of evidence.

Furthermore, delays have cost implications, such as prolonged suspension on full pay. Being pre-registered with a laboratory provider allows for same-day sample collection and fast-track results.

About Forensic Resources Ltd (FRL)

A premier forensic science consultancy firm, FRL specialises in providing expert witness services to legal teams and insurance firms. If you’re implementing or reviewing a drug testing process — or if you have a live case requiring expert input — we’re here to help with clear, scientifically robust guidance every step of the way.

029 2267 6699

info@forensicresources.co.uk

GET IN TOUCH

Abi Carter
Forensic Resources Ltd

Key takeaways for HR professionals (FAQs)

Can I dismiss an employee based on an onsite “Instant” test?

No. HSE guidance and UK employment law principles require laboratory confirmation (GC-MS/LC-MS) before drawing conclusions of misconduct.

What is the difference between “Non-Negative” and “Positive”?

A “non-negative” is an unconfirmed screening result. A “positive” is a legally defensible result confirmed by a UKAS-accredited laboratory.

Does a positive result always mean impairment?

Not necessarily. Interpretation by a toxicologist is required to differentiate between illicit use, historical use, and lawful prescription medication.

CONTACT US

We’re here to help with any questions or concerns you may have. Whether you need expert advice or would like an initial conversation about our services, pricing, or the options available, please don’t hesitate to get in touch. At Refreshing Law, what sets us apart from other law firms is that you’ll get to speak to an experienced employment lawyer right from the very first call.

02920 599 993

07737 055 584

lreynolds@refreshinglawltd.co.uk

GET IN TOUCH

Lousha Reynolds
Refreshing Law