Tag: Employment

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Collective Redundancy Employment Law Employment Rights Act 2025 Lousha Reynolds Redundancy

Consultation launched on the threshold for triggering collective redundancy obligations

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

Collective redundancy obligations currently arise where an employer proposes to make 20 or more redundancies within a 90-day period at one establishment. Different sites, stores and warehouses are generally treated as separate establishments. As a result, large-scale redundancies carried out across multiple sites may not trigger the duty to carry out collective consultation.

Many considered that this was unfair and so when the proposed Employment Rights Bill was first introduced by the Labour government, it included the complete abolition of the threshold at any one establishment. However, during consultation, significant concerns were raised and as a result the 20-employee trigger at one establishment is set to remain.

Instead, and at some point, in 2027, the ERA 2025 will introduce an additional, alternative threshold test based on the total number of redundancies across the whole business. This means that if redundancies are made throughout the UK at more than one location then collective consultation obligations will apply if more than a certain number of jobs are affected.

Last Thursday (26 February 2026), the Government launched a consultation on what this new organisation wide threshold for triggering collective redundancy obligations should be.

The Government is considering two options:

  • Using a single fixed number in the range of 250 to 1000. 
  • Introducing a tiered system, based on the size of the employer:
250 redundancies for organisations with 0 to 2,499 employees.
500 redundancies for those with 2,500 to 9,999 employees.
750 redundancies for those with 10,000 or more employees.

The Government’s preferred approach is the single fixed number. This does appear to be the easiest way to ensure that employers understand their obligations, and that employees and trade unions are certain when they are entitled to participate in collective redundancy consultation. 

Interestingly, the thresholds are much higher than many informed commentators predicted so perhaps this is an area where Labour are listening to concerns about the impact that the raft of reforms will have on businesses and the wider economy.  If you want to engage in the consultation, it can be accessed via the following link here and is open until 21 May 2026.

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

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Employment Law Lousha Reynolds Video

Video | New look, same approach

Stormy sky over Cardiff's Tiger Bay lagoon

The UK employment landscape is evolving fast. From new legislation to hybrid working models and workplace expectations, staying compliant while supporting your team can be challenging. At Refreshing Law, we provide clear, practical employment law guidance for businesses and HR teams. We can help with any employment law issues including:

  • Disciplinary and grievance procedures
  • Redundancy and restructuring planning
  • Discrimination and harassment issues
  • Contract and pay disputes

Our focus is on pragmatic advice that balances legal compliance with real-world business needs. So, you can make confident decisions and protect your organisation.

Watch our latest YouTube video to discover more about the Refreshing Law relaunch as we move into an exciting new chapter.

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

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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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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

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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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Anna Denton-Jones Employment Law Video

A goodbye from Anna Denton-Jones

Founder Anna Denton-Jones in a red blazer

On 1 September 2025, I reached a milestone of 25 years qualified. So, 27 years of being a solicitor and 25 years practising employment law post-qualification. To make you laugh we were the first year in which trainees were given a computer of their own. The year before four people had to share one: can you imagine suggesting that to anyone now?

Having grown up in the days of ordering company information from Companies House on microfiche (obtain a cheque, send a letter by post, wait for the fiche to come in a little cardboard envelope, load it into a machine the size of a filing cabinet, scroll through very difficult to read data) whereas now it’s a two second search on an app, I thought it might be interesting to reflect on what has changed over that time and what I’d like to see us promote.

The biggest changes are of course the technology: email and the internet was an infant and we treated email very much like a formal letter whereas now people stream consciousness at you like they are tweeting.

We live in an age where you can buy something from Amazon in the morning and have it delivered by afternoon. This comes with a pressure to think and act very fast (I remember the days where we could acknowledge receipt of a letter with a letter saying we’d received it and would respond, buying us at least 7 days time).

The greatest piece of advice I’d give anyone is to not get caught up in the frenzy. Unless you are up against a court deadline, building in a pause is helpful: it can give everyone the time to reflect and think differently. It can be easy to cave in to the clamour coming ‘at’ you to feel like you need to react immediately. When you do that oftentimes you’ll react with an emotional response… pausing enables you to give a more measured and thought through approach. At the very least breathe deeply before you respond. Not reacting is often a valid response as much as reacting is: you don’t have to buy into deadlines set arbitrarily.

The internet has upskilled the recipients of anything we send; they have a much better knowledge of anything we are communicating about and will challenge us accordingly; we’ve had to up our game. This is a good thing; we have to do better.

Attention spans are smaller. I used to have a twenty page redundancy document. I can’t imagine sending that document to anyone now. That’s probably a good thing. My client can read that information on the internet. We can focus on adding value.

This technology has made it all to easy to not communicate or to communicate badly. I remember the days when lawyers would routinely call each other, explain who they were acting for and have a ‘how are we going to sort this one out?’ call. Now all too often I am imploring my opposition to speak to me but it is easier to hide behind email. Conversations enable you to get a better understanding of where someone is coming from: that is as important in litigation as in life.

The same goes of managers too: the more they actually speak to people the better chance they have of addressing issues early doors before they fester. Have meetings, look each other in the whites of their eyes. It is harder for someone to maintain a complaint if they are feeling heard and listened to. It is harder to be angry if you are meeting with the human involved. So when someone sends an email and you gauge things might be getting tense, call a meeting, face to face if you can, Teams if you really have to, rather than respond with another email. Promote phone calls and meetings instead of email. If things are challenging like performance needs to be managed: have the conversation don’t hide behind digital processes. In fact that would be my parting shot: HAVE THE CONVERSATION! Apply it to everything.

I’m retiring so this will be my last blog. It will be interesting for someone to write another one in another 27 years, telling us how AI has changed the world for the good and for the worse. I’ll leave that to you.

Anna Denton-Jones
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

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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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Anna Denton-Jones Case Law Employment Law Employment Tribunal Redundancy

Case law update — July 2025

Royal Courts of Justice, London

Case: Hendy Group Ltd v Daniel Kennedy [2024] EAT 106

Background

Daniel Kennedy, a long-serving trainer at Hendy Group Ltd (a car dealership), was made redundant in 2020. He accepted both the need for redundancies and his selection. However, he claimed his employer failed to explore alternative roles for him.

What the employer did

The employer pointed Mr. Kennedy to its internal job board and expected him to apply, like any external candidate. He did apply and attended interviews but wasn’t successful. Instead, an internal candidate and an external candidate were appointed, neither of whom were at risk of redundancy.

Crucially, there was no HR or managerial support to help him find a suitable alternative. It is also important to note that one internal manager actively discouraged his applications, and the employer later confirmed in writing that any further applications made by Mr Kennedy would be rejected.

Tribunal finding

The Employment Tribunal (ET) ruled that the dismissal was unfair because the employer had failed in its obligation to the Claimant to assist him to find an alternative role. In summary that the mere signposting to vacancies, whereby the Claimant was in the same position as an external candidate was insufficient.

Appeal outcome

The employer appealed but the Employment Appeal Tribunal (EAT) upheld the ET’s decision.

The EAT rejected the appeal on all points, reinforcing that:

  1. Employers must actively assist employees in finding suitable alternative employment.
  2. Simply pointing employees to internal vacancies is not sufficient.
  3. The ET was entitled to conclude that Mr. Kennedy would likely have been redeployed with proper support, as there were a number of vacancies for which, on paper at least, Mr Kennedy may have been suitable. As a result, no reduction in compensation (Polkey) was required.

Take aways

  • Redundancy support must go beyond job postings. Active engagement is key — HR/line managers should help identify suitable roles, discuss interests, and offer guidance (even if this involves potential demotion).
  • Document support efforts clearly — failure to do so could lead to a finding of unfair dismissal.
  • Don’t block or discourage internal applications from employees at risk of redundancy.
  • Reasonableness remains central — but what is “reasonable” now includes taking steps beyond minimal signposting.
  • If you’re managing a redundancy process, ensure your HR team is prepared to offer real, practical support when considering suitable alternative roles.

Anna Denton-Jones
Refreshing Law

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Anna Denton-Jones Confidentiality Duty of Care Employment Law Fraud Procedural Fairness Video

Video | Breach of confidence and procedural fairness

YouTube video playing on a phone

Our latest video is available to view on the Refreshing Law YouTube channel – please click here to watch the video in which Anna discusses a recent case (Woodhead v WTTV Ltd) that raises issues around the employer’s duty of care and also procedural fairness in employment cases.

Anna Denton-Jones
Refreshing Law

 

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Anna Denton-Jones Employment Law Employment Rights Act 1996 Employment Rights Act 2025

Planning ahead for the Employment Rights Bill

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

In this blog I wanted to pick an area which will affect all employers when the new Act that is going through Parliament comes into force.

Sickness absence is a perennial issue that all employers have to manage.

From, likely April 2026, employees will receive Statutory Sick Pay from the very first day they are off work. At the time of writing this they would have to wait three ‘waiting days’ and not get paid until day four. For employers paying statutory sick pay only or perhaps small sums of company sick pay of a few days before employees revert to statutory sick pay, these ‘waiting days’ have acted as a deterrent to misusing sick leave, as the genuinely ill are not paid for short-term absences. This has deterred the odd day for ‘flu’ or a stomach upset. The Employment Rights Bill eliminates the three-day waiting period, removing the deterrent.

The Employment Rights Bill also removes the lower earnings threshold. This means everyone, no matter what hours they work – will now qualify for Statutory Sick Pay if they are sick. This captures more casual and part-time workers who historically may not have earnt enough to qualify. SSP will be calculated at 80% of their normal weekly earnings, subject to a cap of £118.75 which is the current rate of SSP for a week, and which increases each year, so is likely to be a few pounds greater by the time this change comes into force.

The combined effect of these two measures is more people qualifying for sick pay more often. Not only does that have a cost implication but it means you will need to review the measures you take to review absence and manage it.

Time to dust down your sickness absence policies, trigger points and monitoring of absence patterns. Often these are tools we have in our kit bag but aren’t using properly. A time-honoured method that yields the best results for managing absence is the return to work interview, yet often managers haven’t been trained how to do them with confidence.

Let us know if we can help you overhaul what methods you are using to manage sickness by contacting Anna at adenton@refreshinglawltd.co.uk.

Anna Denton-Jones
Refreshing Law