Category: Lousha Reynolds

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Employment Law Lousha Reynolds Video

Refresh, reset

Lousha Reynolds, Natalie Price and Kate Walsh sit around a table

We’ve changed our look, not our approach

Now under the direction of experienced employment solicitor Lousha Reynolds, we’re pleased to introduce Refreshing Law’s new style.

We’ve rebranded, repositioned our social channels, and launched a new website, all to better reflect how we work and improve support for clients.

We continue to champion straightforward employment law advice, practical legal support, and clear guidance for employees, employers and HR teams. No jargon. No unnecessary complexity. Just lawyers who work for you.

Look out for more updates on our 2026 refresh and reset.

Refreshing Law | Voted one of the Top 200 legal practices in England and Wales by The Times

LOUSHA REYNOLDS

Lousha wearing beige two-piece

Lousha is a specialist, pragmatic employment lawyer, known for her personable approach and clear, practical advice. She helps clients navigate legal issues efficiently, focusing on achieving the outcomes that matter most.

Lousha has a wealth of experience in advising a diverse range of clients (both employers and employees) on the full spectrum of employment and HR related issues. She also has a proven track record at both the Employment Tribunal and the Employment Appeal Tribunal.

She has extensive expertise in:

  • Drafting contracts & policies
  • Disciplinaries, grievances, & managing dismissals
  • Redundancies, restructures, & change management
  • Performance management & absence management
  • Exit strategies: negotiating exits & Settlement Agreements
  • Tribunal litigation: unfair dismissal, discrimination & whistleblowing

Lousha took the helm of Refreshing Law in October 2025, following the retirement of Anna Denton-Jones, continuing our mission of straightforward advice and practical support for employees and employers alike.

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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

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Employment Law Employment Rights Act 1996 Employment Rights Act 2025 Lousha Reynolds

Employment Rights Bill update — Where are we now?

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

The recent ministerial reshuffle, which saw the departure of three key supporters of the Employment Rights Bill (Angela Rayner, Justin Madders and Baroness Jones), left many wondering how this would affect the Bill’s progress. Questions were raised about whether the Government might water down or backtrack on some of the more contentious reforms, particularly the day-one right to unfair dismissal and new duties on employers regarding zero- and low-hours workers.

However, on 15 September 2025, the Employment Rights Bill entered its final parliamentary stages. The House of Commons rejected several significant non-government amendments proposed by the House of Lords, signalling the Government’s determination to press ahead with its core commitments.

Key developments in the Employment Rights Bill

Many of the proposed reforms raise questions about how they will operate in practice. While the Lords suggested several sensible amendments that could have simplified implementation, these were largely rejected, given their conflict with key Labour manifesto pledges.

Below is a summary of the main points:

Day-one unfair dismissal rights

The Bill abolishes the current qualifying period for unfair dismissal, introducing protection from day one of employment. This change adds complexity, particularly regarding the initial employment period and the scope of the proposed “light touch procedures.”
The Lords had proposed reducing the qualifying period to six months to simplify the system; a suggestion that was ultimately rejected.

Guaranteed hours contracts

The Commons reinstated the original duty on employers to proactively offer guaranteed hours contracts. The Lords had proposed a less stringent “right to request” model, but this amendment was not accepted.

Whistleblowing reforms dropped

Plans to extend unfair dismissal protection for whistleblowers and introduce new duties for employers to investigate disclosures have been removed from the Bill.

Right to be accompanied unchanged

Employees will continue to be entitled to be accompanied only by a trade union representative or colleague during disciplinary or grievance meetings. The Lords’ proposal to expand this to include a “certified professional companion” was rejected.

Ballot thresholds abolished

The requirement for a 50% turnout in industrial action ballots will be removed, despite efforts by the Lords to retain it.

Non-disclosure agreements (NDAs)

A ban on NDAs relating to complaints of discrimination and harassment was added to the Bill in July 2025. The Government has confirmed it will consult “as quickly as possible” on the secondary legislation required to implement this measure.

Next steps for the Employment Rights Bill

The Bill now returns to the House of Lords for consideration of the Commons’ position; a stage commonly referred to as “ping pong”, as both Houses must reach agreement before the Bill can receive Royal Assent.

Given that both Houses are in recess until 12 October 2025, Royal Assent is expected later in October. However, most major provisions, including reforms on fire and rehire, day-one unfair dismissal, and zero-hours contracts, are not expected to take effect until Autumn 2026 or 2027. Therefore, a short delay is unlikely to have any material impact.

What employers should do now

Although these significant reforms are a step closer to becoming law, much of the practical detail employers need will come through secondary legislation. The Government is expected to consult this autumn on key areas of change.

With so many reforms and ongoing uncertainty, it can be challenging for employers to stay up to date. We recommend:

  • Monitoring developments as the Bill progresses through Parliament
  • Preparing for upcoming consultations and future compliance obligations
  • Reviewing internal policies and procedures to identify potential areas of impact

We will continue to track progress and provide timely updates as new information emerges.

If you would like to discuss what the Employment Rights Bill 2025 means for your organisation, or how we can support you with tailored training, practical advice, or implementation planning, please get in touch at lreynolds@refreshinglawltd.co.uk.

Lousha Reynolds
Refreshing Law

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Data Protection Act 2018 Data Use and Access Act 2025 Employment Law ICO Public Consultations Lousha Reynolds

ICO launches two public consultations on amendments to the Data (Use and Access) Act 2025 (DUAA)

Data use shown on mac screen

In our previous blog we discussed the Data (Use and Access) Act 2025 (DUAA) and what it means for organisations. The ICO has since launched two public consultations to shape the final guidance on upcoming amendments to the DUAA.

The consultations focus on:

• a new data protection complaints process
• the new lawful basis of “recognised legitimate interests”

The consultations close on 19 October 2025 and 30 October 2025, respectively.

Looking at the handling of data protection complaints first, the ICO is keen for organisations to try and resolve complaints with individuals before they lodge a complaint with the ICO. To help achieve this aim, the DUAA requires all organisations to have a data protection complaints process in place by June 2026.

As part of this process, organisations must ensure they:

• provide a clear process for individuals to make data protection complaints
• acknowledge complaints within 30 days of receipt
• respond promptly and keep complainants informed throughout
• communicate the outcome without undue delay

The consultation seeks to understand whether additional clarity is needed to help organisations comply with the above.

The second consultation relates to the concept of ‘recognised legitimate interests’. The DUAA introduces new processing activities which carry the presumption of legitimacy.

These public interest activities include:

• crime prevention
• national and public security
• safeguarding
• emergency response
• sharing personal data to help other organisations perform their public tasks

The ICO’s draft guidance intends to support organisations by explaining how they may rely on the new legal basis and how the above conditions differ from the existing “legitimate interests” basis for data processing. The consultation seeks to understand whether further clarity is needed in this area.

How can employers prepare for changes under the DUAA?

Employers managing complex or large data subject access requests (DSARs) will inevitably feel the strain of completing a DSAR, to then have a complaint land on their desk. Of course it is not just DSARs which may invite complaints. Inadvertent data breaches can attract complaints from staff or customers/clients so it is important that all staff are reminded of their obligations when handling personal data to help reduce complaints.

Employers are understandably concerned that data protection obligations are about to become more onerous. To get ahead of the curve, employers are encouraged to:

• Review existing policies – what do you currently have in place and does this include a complaints policy?
• Review your existing reasons for processing data under the GDPR’s legitimate interest category and consult the guidance / seek advice on whether one of the new recognised legitimate interests can be relied upon.
• Offer refresher training to staff so they feel equipped to manage data protection issues and are aware of upcoming changes.
• Watch out for our further updates on this area.

If you would like to submit feedback on the consultations you can do so via the following links:

• The consultation on handling complaints closes on 19 October 2025.
• The consultation of recognised legitimate interests closes on 30 October 2025.

Lousha Reynolds
Refreshing Law

Categories
Employment Law Employment Rights Act 1996 Employment Rights Act 2025 Lousha Reynolds

Implementing the Employment Rights Act — A roadmap for delivering change

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

The Employment Rights Bill was published on 10 October 2024. It introduced 28 significant reforms and the much publicised and highly contentious changes have been identified as reshaping the landscape of employment law.

On 1 July 2025, the UK Government published its official Employment Rights Bill implementation roadmap detailing when new employment protections will come into force. The comprehensive reforms will be rolled out with a phased approach between 2026 and 2027, with some immediate changes triggered upon Royal Assent (expected Autumn 2025).

Phase 1: On Royal Assent (autumn 2025)

Once the Bill becomes law, the following will take effect immediately or soon after:

  • Repeal of most of the Trade Union Act 2016
  • Repeal of the Strikes (Minimum Service Levels) Act 2023
  • New protections against dismissal for those participating in industrial action, and simplified union ballot procedures

April 2026 — Key employer mandates begin

From the 2026/27 tax year, starting in April 2026, the following reforms are scheduled:

  • Doubling of the maximum collective redundancy protective award (from 90 to 180 days pay)
  • Day‑one entitlement to paternity leave and unpaid parental leave
  • Enhanced whistleblowing protections
  • Establishment of a new Fair Work Agency (although it is unclear when this body will be up and running)
  • Statutory Sick Pay reform (removal of lower earnings limit and 3 day waiting period)
  • Simplified trade union recognition rules, digital and workplace balloting introduced

October 2026 — Workplace regulation intensifies

  • Ban on “fire‑and‑rehire” strategies
  • Obligation on employers to take “all reasonable steps” to prevent sexual harassment
  • Employers to be held liable if employees are harassed by third parties.
  • New Tribunal claim deadline extended from 3 to 6 month
  • Expanded union rights

2027 — Final roll-out of key rights

  • Day‑one protection against unfair dismissal
  • Mandatory gender pay gap reporting enhancements and menopause action plans
  • Rules restricting the dismissal of pregnant workers and expanded bereavement leave
  • Extension of flexible working rights
  • Restrictions on zero‑hours contract misuse (including new guaranteed hours offer)
  • Expansion of collective redundancy thresholds and new umbrella‑company regulation

Consultation timeline

To refine these reforms, the government plans the following consultation windows:

  • Summer / autumn 2025: on day‑one unfair dismissal, fire‑and‑rehire, bereavement leave, pregnant workers’ rights, zero‑hours contract restrictions.
  • Winter 2025 / early 2026: on flexible working reforms, collective redundancy changes and changes to the laws on tipping.

Summary table

Implementation dateChange
Upon Royal Assent (autumn 2025)Union law repeals & dismissal protections
April 2026Redundancy award doubling, day‑one paternity/parental leave, SSP reforms, whistleblowing protections, union recognition, Fair Work Agency
October 2026Ban on fire‑and‑rehire, “all reasonable steps” harassment duty, tribunal deadline extension, expanded union access
Sometime in 2027Day‑one unfair dismissal, gender pay/menopause plans, zero‑hours reform, bereavement leave, flexible working, pregnancy rights, umbrella regulation

Practical impact

The timetable produced is undoubtedly helpful as it provides clarity and enables organisations to structure their preparations in a more realistic way. It is also reassuring to have conformation that (for most businesses), very few changes will take effect in 2025, unless you are facing potential industrial action.

However, whilst 2025 may feel like a pause in legislative change, it’s really the calm before a period of major reform. The government’s decision to delay the most significant measures until 2027 offers some breathing room—particularly for employers already grappling with difficult trading conditions. That said, this breathing space should be used wisely. Preparations to update payroll systems (for SSP and parental leave) and to update handbooks and consultation protocols should take place.

Further, with key consultations launching this year, including proposals on day one unfair dismissal rights and guaranteed hours, we will obtain more clarity on what the future legal landscape will look like. Details such as what constitutes a “light-touch” dismissal process, or how many hours will lift workers out of new protections, are key outstanding issues that will be confirmed.

In summary, 2025 may bring fewer immediate changes, but it will be a crucial year for engagement and preparation. Employers, HR professionals, and legal teams should stay alert and keep an eye on the developments because the groundwork laid now will determine how well you are able to navigate the more complex changes coming in 2026 and 2027.

Lousha Reynolds
Refreshing Law

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Discrimination Law Employment Law Lousha Reynolds Maternity Neonatal Care (Leave and Pay) Act 2023 Parental Rights Pregnancy

The Neonatal Care (Leave and Pay) Act 2023

Children's nursery with toys

On the 6th of April 2025, the Neonatal Care (Leave and Pay) Act 2023 came into effect,  providing eligible parents with a right to up to 12 weeks statutory leave and pay when their baby requires neonatal care. The aim is to support families during a challenging time by offering them the ability to spend dedicated time with their baby whilst they are receiving medical care without it eating into their paid family leave.

What is Neonatal Care Leave?

The Act entitles employees to up to 12 weeks of leave when their baby, born after the 6th of April 2025, requires neonatal care within the first 28 days of birth. Parents can take one week of leave in respect of each week that the baby receives neonatal care (up to a maximum of 12 weeks) and such leave must be taken within 68 weeks of the child’s birth. It is a day one right, it is available to both parents and importantly, it is in addition to any other leave the parent may be entitled to, such as maternity, paternity or adoption leave.

How is Neonatal Care Leave taken?

How the leave can be taken will depend on what other types of parental leave the employee is entitled to and whether the leave is used whilst the baby is in hospital, or later in the 68 weeks. This is referred to as Tier 1 and Tier 2.

Employees taking maternity leave will only be able to take Tier 2 leave. Maternity leave will be triggered by the birth of the baby and cannot be stopped and restarted later. Employees will need to take their maternity leave and then their accrued Neonatal Care Leave all in one go once maternity leave is over. Conversely, employees taking paternity leave will be able to take Neonatal Care Leave more flexibly. Tier 1 will allow them to take leave whilst their baby is still in hospital. They can also take Tier 2 leave if they wish to reserve some Neonatal Care leave for after the baby has been discharged.

What do the Tiers mean?Tier 1Tier 2
Tier 1 starts when a baby begins receiving neonatal care and ends the 7th day after the day the baby stops receiving neonatal care.

For twins/multiple births where more than one baby is receiving care, Tier 1 continues until the 7th day after the day the last baby stops receiving care.		Tier 2 starts 7 days after the baby is discharged from neonatal care.

It runs through to 68 weeks after the baby’s birth.
Who is likely to use this leave?Dads and non birthing parents.

Mums and birthing parents.

Dads and non birthing parents taking leave more than 1 week after the baby is discharged.
When can your employee take this leave?While the baby is still in the hospital and up to 7 days afterwards.

It can fit around pre booked Parental Leave.

More than 1 week after the baby is discharged.

After finishing maternity leave.
How does your employee take this leave?In non-consecutive week long blocks.

In consecutive week long blocks.

What about Statutory Neonatal Care Pay?

Whilst the ability to take Neonatal Care Leave is a day one right, like with other paid family leave, employees have to meet eligibility criteria in order to qualify for statutory neonatal pay, including that they have been employed for 26 weeks by the end of the week prior to the baby’s hospital admission. Statutory neonatal care pay will be at the statutory prescribed rate, which is currently the lower of £187.18 or 90% of the employee’s average weekly earnings.

6 key things to consider as an employer

The government anticipates that the new rights will benefit around 60,000 new parents so the changes are likely to be widespread and far reaching. We have identified our top 6 things for you to consider to ensure you are compliant and prepared:

  1. Introduce a clear policy: Whilst the new Act seeks to allow for flexibility in order to support families during a challenging time, it does come with the price of added complexity. By contrast, the Neonatal Care policy should be clear and easily accessible, particularly as this will be a very difficult and stressful time for employees. As the notice requirements are complex (involving a two-tiered system), we recommend creating a template form for employees to complete.

  2. Consider enhancements: If enhanced family leave is already on offer, you may want to consider offering any enhancements to Neonatal Care Leave and/or pay. For those that are already seeking to offer enhancements, we recommend mirroring eligibility conditions attached to other enhanced family leave/pay.

  3. Extended Redundancy Protection Rights: Employees who have taken 6 continuous weeks of Neonatal Care Leave benefit from the extended redundancy protection rights, with a right to be offered a suitable alternative vacancy applying from the day after the employee has taken 6 weeks of Neonatal Care Leave until the day after the child turns 18 months old. It is important for employers to keep track of this, in the same way as for other types of parental leave and to ensure that this group is added to those entitled to priority status in the event of a redundancy.

  4. Confidentiality/Data Protection: Information related to the baby’s medical condition is confidential and constitutes sensitive personal data. We recommend that you clarify what information the employee is happy for you to share and that you observe their wishes when sharing information with colleagues about the baby/the reason that they are taking Neonatal Leave. We also recommend that the sensitive personal data is processed in accordance with your Data Protection policy.

  5. Notice Provisions: The notice that the employee is required to give varies depending on whether they intend to take Tier 1 or Tier 2 Leave, albeit that the legislation does allow for employers to waive notice periods. Tier 1 notice requires employees to provide weekly notice on a rolling basis. However,employees may be informed by medical staff that their baby will receive weeks or months of care. In such circumstances, you may want to consider reducing the burden on the employee at this already stressful time by waiving the weekly notice requirement and instead ask them to keep you informed when they know their circumstance is changing. Similarly, for Tier 2 leave, you may want to discuss this at the time when you would usually be in touch to discuss returning from other leave (such as maternity) or bring this in line with notice for other types of leave, rather than using the timeframes set out in the legislation.

  6. How about babies taken unwell after 28 days? As the new Act only applies to babies who require neonatal care within the first 28 days of their life, employers should think about and be prepared for challenges that may be received from parents where their baby/child is admitted to hospital for an extended period after the first few weeks of their life, particularly as more employees become aware of the Neonatal Care rights.

If you would like to discuss any aspect of the new Neonatal Care Act or require a policy, please do not hesitate to contact Lousha at lousha@refreshinglawltd.co.uk.

Lousha Reynolds
Refreshing Law