Category: Lousha Reynolds

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Dismissal Employment Law Employment Rights Act 2025 HR Lousha Reynolds Parental Rights Pregnancy

Enhanced dismissal protection for pregnant employees and new parents

What employers need to know

The Westminster Government has unveiled significant plans to strengthen dismissal protections for pregnant employees, new mothers and certain other parents, marking another major development in its wider Make Work Pay employment law reforms.

The changes, announced following a public consultation, will create a higher legal threshold for employers seeking to dismiss employees during pregnancy, maternity leave and for the 6 months following a return from maternity leave.

Why are the rules changing?

Responses to the Government’s consultation and wider evidence has highlighted that whilst redundancy protections can provide safeguards in certain circumstances, the protection for pregnant women and those returning from maternity leave is limited in scope. As a result, it was noted that many women continue to experience vulnerability during pregnancy, maternity leave and in the period following their return to work.

Following consultation with employers, trade unions, legal professionals and employees, the Government has decided to introduce a stronger legal framework designed to ensure dismissal is considered only after reasonable alternatives have been explored, therefore strengthening the protection for women during pregnancy, maternity and for 6 months following a return to work.

A new legal test for dismissal

The change is a significant one as it replaces the current and well-established unfair dismissal test during the protected period.

At present, when considering the fairness of the dismissal, Employment Tribunals assess whether an employer’s actions fell within the “band of reasonable responses” available to a reasonable employer.

Under the new framework, the employer will still have to show that the dismissal is for one of the potentially fair reasons (conduct, capability, statutory restriction, redundancy or some other substantial reason) but instead of simply asking whether the employer has acted reasonably, dismissals during the protected period will instead be assessed using a proportionality test, with the Tribunal determining whether the decision to dismiss was a proportionate means of achieving a legitimate aim (which is the test used in relation to indirect discrimination).

This means employers will need to:

  • Identify the legitimate business objective that is being furthered by the dismissal
  • Demonstrate that dismissal was a proportionate way of achieving that objective
  • Show that less severe alternatives were not reasonably available

Examples of alternatives may include:

  • Temporary changes to a role
  • Additional support or training
  • Redeployment opportunities
  • Other measures that could enable the employee to remain in work

This is a much higher threshold than you would normally find in unfair dismissal, therefore increasing the burden on the employer in such dismissals.

When will protection begin and how long will it last?

The Government has confirmed that enhanced dismissal protection will become a day one employment right, meaning there will be no qualifying service requirement.

Protection will begin once an employee informs their employer that they are pregnant and will apply from that date, throughout the pregnancy, during the period of maternity leave and for 6 months after the maternity leave ends.

Where an employee is not entitled to maternity leave, protection will continue for two weeks following the end of the pregnancy.

Protections extended to other forms of family related leave

Importantly, the Government has decided that similar protections should apply to other forms of family-related leave.

Adoption leave

Employees taking adoption leave will benefit from protection during their leave and for six months following the end of the adoption leave.

Enhanced dismissal protections will also extend to:

  • Shared Parental Leave
  • Neonatal Care Leave
  • Bereaved Partner’s Paternity Leave

Protections will again apply during the period of leave and for 6 months following the end of the leave where at least six continuous weeks of leave is taken.

What does this mean for employers?

The reforms do not create a blanket ban on dismissals.

Employers will still be able to dismiss employees where there is a legitimate reason and dismissal is proportionate in the circumstances. However, the expectation is that employers will take meaningful steps to consider alternatives before reaching that point.

This means organisations should be prepared to demonstrate:

  • Clear business justification
  • Thorough consultation
  • Consideration of alternative options
  • Robust documentation of decision-making processes

For many employers, manager training will also become increasingly important to ensure decisions are legally defensible, consistently applied, and well documented.

When does the change take effect?

On 22 October 2026, the Government updated its implementation timetable and confirmed that the enhanced dismissal protections for pregnant women, new mothers and other parents taking family related leave will take effect in October 2027.

How Refreshing Law can help

The proposed reforms represent a significant shift in employment law and place greater emphasis on demonstrating fairness, proportionality and meaningful consideration of alternatives to dismissal.

Refreshing Law can help employers review policies, assess risk, train managers, and prepare for the enhanced protections before they come into force, ensuring compliance while supporting fair and effective workplace practices.

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

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Lousha Reynolds
Refreshing Law

Categories
Dismissal Employment Law Employment Rights Act 2025 HR Lousha Reynolds Recruitment Redundancy

Fire & Rehire: Government clarifies new restrictions on contract changes

View of the British Houses of Parliament from the river Thames, where the Employment Rights Bill is being debated

The UK Government has provided further detail on how its upcoming fire and rehire reforms will operate, giving employers greater clarity on which contractual changes will be subject to the strongest legal protections.

Alongside confirming the treatment of expenses, benefits and shift patterns, the Government has also announced that the new fire and rehire provisions under the Employment Rights Act 2025 will now come into force in March 2027, rather than in January 2027 as expected.

What are the new fire and rehire rules?

The Employment Rights Act 2025 introduces significant restrictions on the use of dismissal and re-engagement, commonly known as “fire and rehire”.

Under the new framework, it will be automatically unfair to dismiss an employee in order to impose certain protected contractual changes, known as restricted variations, unless a very limited exemption applies for employers facing serious financial difficulties. The restricted variations include:

  • reductions to pay,
  • changes to total hours,
  • reductions to leave entitlements,
  • changes to pensions,
  • changes to specified shift pattens.

It will also be automatically unfair to replace an employee with a non-employee doing substantially the same role. There will also be additional procedural hurdles to jump through for a dismissal for making an unrestricted variation to be held to be fair.

The Government is now consulting on an updated Code of Practice on Dismissal and Re-engagement, which will help employers understand their responsibilities when seeking to make contractual changes. This will run until 17 December 2026.

Response to Closed Consultation

On 22 October 2026, the government published its response to the consultation on how expenses, benefits in kind, and shift patterns should be treated under the new “fire and rehire” regime.

Expenses and benefits

The recently published consultation response has confirmed that most expenses and benefits in kind will not be a restricted variation, as the Government recognised that allowing employers to make some adjustments, where necessary and subject to appropriate consultation, may help to avoid redundancies and support long-term business viability. However, there are three important exceptions, which will fall within the restricted variation rules:

  • Travel expenses, including mileage allowances.
  • Accommodation expenses incurred through work.
  • Long-term accommodation provided as a benefit in kind.

Where these entitlements form part of an employee’s contract, dismissal and re-engagement will be automatically unfair.

Share schemes excluded

The Government has also confirmed that employee share schemes will sit outside the restricted variation framework. This means organisations will retain more flexibility when making changes to share-based reward arrangements.

Shift pattern changes face greater protection

The Government has also clarified which shift pattern changes will be treated as restricted variations. A protected change will arise where an employee is required to:

  • Move from day work to night work, or vice versa.
  • Move from weekday working to weekend working, or vice versa.

For these purposes, night work will be defined as work carried out between 11pm and 6am. The rationale is that these changes can have a significant impact on employees’ caring responsibilities, family commitments and overall wellbeing.

By contrast, smaller changes, such as moving a shift by a few hours without crossing day/night or weekday/weekend boundaries, and changes to availability windows (where the contract sets out a range of hours within which the employee may be scheduled to work) will not be restricted variations.

Contractual status matters

Importantly, changes will only be a restricted variation where the entitlement is contractual.

If a benefit is provided through a non-contractual policy, or where a valid contractual variation clause allows changes, employers may still be able to amend arrangements without triggering the restricted variation provisions.

For many employers, this highlights the importance of reviewing contracts, policies and benefit documentation before the new rules take effect.

Fair process will remain essential, even when the change is not automatically restricted

If an employee is dismissed and re-engaged to impose a contractual change which is not a restricted variation, the dismissal will not be automatically unfair. However, in addition to judging fairness by the usual unfair dismissal tests, the Act requires tribunals to take account of the reason for the variation, any individual or collective consultation and anything that the employee was offered in return for the change.

The revised Code of Practice will also still apply (even to non-restricted changes), and it is expected to place a greater emphasis on meaningful consultation and employee engagement before changes are implemented.

Employers should also note that failure to follow the Code could lead to compensation awards being increased by up to 25%.

A delayed timeline, but not more time to ignore it

The Government has confirmed that the reforms will now take effect in March 2027, rather than January 2027 as previously anticipated.

Interestingly, the existing Code of Practice is expected to be withdrawn in March 2027, while the replacement Code is not expected to come into force until Summer 2027. This could create a temporary gap in formal guidance, making preparation even more important.

Regulations specifying the restricted variations (including changes to shift patterns) are expected to be published during Autumn 2026, so we will have these prior to the changes taking effect in March.

What should employers be doing now?

Although implementation is still some months away, employers should use this period to prepare by:

  • Considering whether you need to make any changes before the new regime comes into force. This should still be done with caution, but it is likely to be easier now than in March 2027, so it is still worth doing it sooner rather than later.
  • Reviewing employment contracts and variation clauses. Variation clauses are heavily restricted by case law, but it is still advisable to ensure that flexibility clauses are drafted as widely and effectively as possible.
  • Auditing benefits and expenses that have contractual status.
  • Assessing shift pattern provisions and scheduling arrangements.
  • Strengthening consultation processes and focusing on other methods to effect change.
  • Incentivising employees will become more important.
  • Training HR teams and managers on the incoming changes.

How Refreshing Law can help

While the latest announcements provide welcome clarity, they also increase the importance of robust contracts, careful planning, and meaningful employee consultation.

Refreshing Law can help employers review their existing arrangements, assess areas of risk, and prepare for the new regime well before the March 2027 implementation date.

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

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Lousha Reynolds
Refreshing Law

Categories
Acas Employment Contract Employment Law Employment Relations (Flexible Working) Act 2023 Employment Rights Act 2025 HR Lousha Reynolds Part-Time Working Reasonable Adjustments Remote Working Working from Home

What Acas’ new code on flexible working means for employers

A man and a woman sit outside a cafe with their laptops and coffee.

Flexible working has become one of the most important workplace issues of the last decade. What began as a benefit offered by progressive employers has evolved into an expectation for many employees, and the law is continuing to move in the same direction.

The latest development comes in the form of a new Acas consultation on an updated statutory Code of Practice for flexible working requests. While the proposed changes are not expected to take effect until Autumn 2027, they provide a clear indication of how employers will be expected to approach flexible working in the future.

The message is simple: employers will need to do more than simply rely on business reasons for refusing requests. The focus is increasingly shifting towards meaningful consultation, evidence-based decision-making and collaborative problem-solving.

Why is Acas rewriting the Code?

The revised Code is designed to support the next phase of flexible working reforms under the Employment Rights Act 2025.

Acas has recognised that the current Code no longer reflects the evolving expectations of employees, employers and the Government. As more organisations adopt hybrid and flexible working models, the emphasis is moving away from whether flexible working can be accommodated and towards how employers can reasonably explore options before reaching a decision.

The draft Code reflects the government’s intention that employers should engage more constructively with requests and demonstrate a more thoughtful approach when flexibility may not be possible.

For employers, this means that process is likely to become just as important as outcome.

The four new principles

At the heart of the draft Code are four key principles that Acas believes should guide every flexible working request.

  1. Decisions based on evidence

Employers should be able to demonstrate why a request would create genuine difficulties for the business.

Rather than relying on assumptions or broad statements, organisations should gather evidence to support their position. For example, if a proposed arrangement would negatively impact customer service, productivity or team collaboration, employers should be able to explain how and why.

A decision supported by evidence is far more likely to be viewed as reasonable than one based on general concerns.

  1. Adapting where possible

The draft Code encourages employers to consider whether adjustments could be made to accommodate a request.

The question should not simply be “Can we approve this request?” but rather “Can we make this work in some form?”

This may involve trial periods, amended working patterns, hybrid arrangements or alternative proposals that help balance business operations with employee needs.

  1. Working together

One of the most significant themes running through the consultation is collaboration.

Employees and employers should engage in open discussions about the request, potential obstacles and possible solutions.

Rather than treating flexible working as a formal application process, employers are encouraged to view it as a conversation.

This approach not only reduces legal risk but can also strengthen engagement and trust within the workforce.

  1. Transparency and consistency

Consistency remains one of the biggest challenges for employers.

A flexible working arrangement approved for one employee may raise questions when another request is refused.

The updated Code places greater emphasis on clear communication, transparent reasoning and treating similar situations consistently.

Employers should be able to explain not only why a decision was reached, but also why it aligns with previous decisions across the business.

Why “business needs” alone may no longer be enough

Historically, many employers have relied on statutory business grounds when declining flexible working requests.

While those grounds remain available, the draft Code suggests that simply citing “business needs” may no longer be sufficient on its own.

Tribunals and employees are increasingly likely to expect employers to demonstrate:

  • That they considered the request properly
  • That they consulted with the employee
  • That alternative solutions were explored
  • That the decision was supported by evidence
  • That the process was fair and consistent

In practice, this means employers may need to spend more time documenting their decision-making and recording the steps taken before reaching a conclusion.

The legal justification behind a refusal remains important, but so too does the journey taken to get there.

Common mistakes employers make when refusing requests

Many disputes arise not because an employer refused a request, but because of how the request was handled.

Some of the most common mistakes include:

Failing to consult properly

Rejecting a request without meaningful discussion can create significant risk. Employees should be given the opportunity to explain their proposal and discuss potential alternatives

Relying on assumptions

Statements such as “that won’t work” or “we’ve never allowed that before” are unlikely to be persuasive if challenged.

Applying inconsistent standards

Inconsistency can undermine trust and increase the risk of discrimination claims.

Failing to explore alternatives

Even if the exact request cannot be accommodated, employers should consider whether a modified arrangement could work.

Poor record keeping

A lack of written records can make it difficult to demonstrate that the request was handled reasonably.

Preparing for the autumn 2027 reforms now

Although the final version of the Code is not expected to come into force until 2027, waiting until the last minute could leave businesses on the back foot.

Forward-thinking employers should use the next 12 months to review existing processes and identify any gaps.

Areas to consider include:

  • Flexible working policies
  • Manager training
  • Consultation processes
  • Record-keeping procedures
  • Decision-making frameworks
  • Internal guidance documents

Employers that embed these principles early are likely to find the transition far easier when the reforms arrive.

Practical checklist for HR teams

Before the new Code comes into force, ask yourself:

  • Is our flexible working policy up to date?
  • Do managers understand how to handle requests?
  • Do we consistently consult with employees before making decisions?
  • Can we evidence the reasons behind refusals?
  • Do we explore alternative arrangements where possible?
  • Are similar requests being treated consistently?
  • Are our decisions properly documented?
  • Could our current process withstand scrutiny in an Employment Tribunal?

If the answer to any of these questions is “no”, now may be the right time to review your approach.

Final thoughts

The proposed Acas Code reflects a broader shift in workplace culture and employment law.

Flexible working is no longer viewed as an exception. Increasingly, it is becoming part of how modern businesses operate.

Employers will still be able to refuse requests where there are legitimate business reasons for doing so. However, the expectation is likely to be that those decisions are reached through a fair, evidence-based and collaborative process.

Businesses that embrace that approach now will be better positioned for the reforms ahead and more likely to retain and attract talent in an increasingly competitive employment market.

Need advice on flexible working?

Whether you’re reviewing policies, managing complex requests or preparing for the next wave of employment law reforms, Refreshing Law can help.

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

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Lousha Reynolds
Refreshing Law

Categories
Employment Law Equality Act 2010 HR Lousha Reynolds Reasonable Adjustments

Personal Liability for Reasonable Adjustments: A wake-up call for managers and employers

The outside of the new London Tribunals Centre

The recent Employment Appeal Tribunal (EAT) decision in Merriman v 1st Staff Ltd and Others has sent a clear message to employers, HR professionals and managers: liability for disability discrimination may not stop at the organisation’s door. Individuals involved in decisions relating to reasonable adjustments can face personal liability under the Equality Act 2010.

While the duty to make reasonable adjustments formally rests with the employer, the EAT has reaffirmed that organisations can only act through the people who make and implement decisions on their behalf. As a result, managers and decision-makers who play a role in rejecting, delaying or mishandling adjustment requests may find themselves named personally in Employment Tribunal proceedings.

The Facts of Merriman v 1st Staff Ltd

The claimant, Ms Merriman, worked as a tutor through an agency arrangement. After developing disabilities that affected her ability to attend tutoring sessions in person, she requested a number of workplace adjustments, including the option to deliver sessions remotely. When those adjustments were not implemented, she brought claims for failure to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010 against both the agency and several individual employees involved in the decision-making process.

At first instance, the Employment Tribunal allowed the claim against the agency to proceed but struck out the claims against the individual respondents, concluding that the duty to make reasonable adjustments was owed only by the employer.

The EAT disagreed.

Why the EAT Allowed the Appeal

The EAT held that the Tribunal had erred in law by striking out the claims against the individual respondents. Although the statutory duty to make reasonable adjustments is imposed on the employer, a company can only act through its employees and agents. Where an individual’s actions contribute to a breach of that duty, personal liability may also arise under section 110 of the Equality Act 2010.

In reaching its conclusion, the EAT relied heavily on the earlier decision in Baldwin v Cleves School, which established that where the conditions for individual liability under section 110 are met, Employment Tribunals do not have a discretion to excuse the individual simply because the employer is also liable.

The EAT therefore ordered that the individual respondents be rejoined to the proceedings for further case management.

The Relationship Between Sections 109 and 110 Equality Act 2010

The decision highlights the interaction between two important provisions of the Equality Act 2010:

Section 109: Employer Liability

Section 109 makes employers vicariously liable for discriminatory acts committed by employees in the course of their employment.

Section 110: Individual Liability

Section 110 provides that employees and agents may themselves be liable where they carry out discriminatory acts which render the employer liable under section 109.

The significance of both Baldwin and Merriman is that Tribunals cannot simply choose not to impose liability on individuals when the statutory conditions are satisfied. If an employee’s act contributes to unlawful discrimination, personal liability may follow.

What Does This Mean for Managers?

For many managers, reasonable adjustment requests are viewed primarily as an HR issue. These cases demonstrate that such an approach can be risky.

Managers are often the individuals who:

  • Receive adjustment requests.
  • Assess practical options.
  • Make recommendations.
  • Decide whether adjustments will be implemented.
  • Communicate decisions to employees.

Where those decisions result in a failure to make reasonable adjustments, the individuals involved may now face increased scrutiny and potential personal exposure in Tribunal claims.

Being named as a respondent can be stressful, time-consuming and professionally damaging, even where a claim is ultimately unsuccessful.

Practical Steps Employers Should Take

The decision serves as an important reminder that disability-related workplace issues should be handled carefully and consistently. Employers should consider:

Providing Regular Training

Managers should receive up-to-date training on disability discrimination law, including when the duty to make reasonable adjustments arises and the potential for personal liability.

Escalating Requests Promptly

Adjustment requests should be referred to HR or specialist advisers at an early stage to ensure appropriate consideration.

Keeping Clear Records

Decision-makers should document requests, consultations, alternatives considered and the reasons for any decisions taken.

Focusing on Collaboration

Reasonable adjustment requests are rarely straightforward. A collaborative dialogue with the employee can often help identify practical solutions and demonstrate that the employer has engaged meaningfully with its obligations.

Key Takeaway

The EAT’s decision in Merriman v 1st Staff Ltd and Others reinforces the increasingly broad reach of personal liability under the Equality Act 2010. While the legal duty to make reasonable adjustments remains an employer obligation, managers and employees involved in relevant decisions cannot assume they are insulated from legal risk.

For employers, the message is clear: disability adjustment requests require careful handling, robust training and well-documented decision-making. For managers, the case is a timely reminder that employment law responsibilities can carry personal consequences as well as corporate ones.

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

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Lousha Reynolds
Refreshing Law

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

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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

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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

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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

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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

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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