This being a significant landmark for Employment Rights since the Equality Act 2010!

The Act will introduce additions and amendments to existing legislation.

Due to the volume of changes this will take place over years 2026- 2027, with the first change already taken place. (Removal of minimum service level rules for strikes).

Below is a brief overview of these upcoming changes:

February 2026 (industrial action protection increases)

• Dismissal for striking becomes automatically unfair
• Notice period for industrial action decreases to 10 days
• Simple majority required for strike ballots
• Industrial action mandates last 12 months
• Picket supervisors no longer required

April 2026

• Day one rights for Paternity leave and ordinary parental leave
• Statutory sick pay paid from day one of illness
• Sexual Harassment will become a qualifying disclosure under whistleblowing law
• Fair Work Agency 2026 established to enforce employment rights
• Additional trade union reforms (e.g. voting electronically and simpler recognition)

October 2026

• ‘Fire and re-hire’ practices will become automatically unfair on worse terms in most cases
• Employment Tribunal time limits will increase from 3 – 6 months
• Employers must take ‘all reasonable steps’ to prevent harassment and will be liable for third party harassment
• Employers gain duties to inform workers about trade union rights and allow
• union access / time off
• Public sector outsourcing two-tier code and adult social care negotiating body begin

December 2026

• Mandatory Seafarer’s Charter for improved standards at sea begins 2027
• Unfair Dismissal qualifying period reduced to 6 months (expected in January 2027)
• Further protections for pregnancy and maternity return to work
• Gender pay gap and menopause action plans becomes mandatory
• New right to statutory bereavement leave
• Workers on zero-hour contracts will get the right to guaranteed working hours, if wanted
• If an employer rejects a flexible working request because of a genuine business reason, they will have to state the reasons, explain why they believe their refusal is unreasonable.
• The law will specify what ‘reasonable steps’ means when preventing sexual harassment

We are here to help navigate through all the changes that are due to come into force and
are happy to assist with any enquiries regarding this.

Contact our Employment experts who are here to help both Employers & Employees.

Article written by Employment Solicitor Ashlea Hunt

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Our Employment Law team are reminding employers of the importance of complying with flexible working laws, especially as hybrid and remote working continue to reshape modern employment.

Flexible working is now firmly embedded in employment rights, and employers must ensure their policies and practices are legally robust to avoid potential disputes and discrimination claims.

Flexible Working: Understanding Current Employer Obligations

Under current UK law:

• All employees have the right to request flexible working from day one of employment.
• Employees may make up to two flexible working requests in any 12-month period.
• Employers must respond within two months of receiving a request unless an extension is agreed.
• If refusing a request, employers must provide a valid reason based on one of the eight statutory business grounds.
• Employees no longer need to explain the potential impact of their request on the business.

Employment Solicitor Kerry Hudson, stresses the practical importance:

“Employers must treat flexible working requests seriously and respond in a timely, documented, and fair manner. Ignoring or mishandling requests — particularly where they relate to carers, parents, or disabled employees — can expose businesses to discrimination risks.

There is no automatic right for employees to work flexibly, but employers are required to properly consider all requests and clearly communicate any refusals with evidence.

Hybrid and remote working arrangements must also be treated consistently and fairly across teams to prevent inadvertent disadvantage to any group of employees.”

Managing Sickness Absence in a Hybrid Workplace

We would also like to remind employers that managing sickness absence requires equal treatment for remote, hybrid, and office-based staff.

Absence policies must be applied consistently to avoid claims of unfair treatment. Employers should engage in regular dialogue with absent employees, offer support for returning to work, and make reasonable adjustments when necessary.

Introducing clear review triggers — such as meetings after a set number of absences — can help maintain transparency and fairness across the workforce.

Action Points for Employers

We recommend businesses act now to:

• Review and update flexible working policies to reflect current law and best practice.
• Update employment contracts and handbooks to support flexible and hybrid working frameworks.
• Train managers and HR teams to properly handle flexible working requests and sickness absence.
• Maintain clear documentation of all decisions regarding flexible working and sickness management.
• Ensure consistent application of policies across hybrid, remote, and office-based workers.

A Competitive Advantage Through Compliance

With flexible working requests becoming increasingly common, and tribunals expecting employers to follow proper procedures, businesses must take proactive steps to ensure compliance.

Kerry concludes:

“The way employers handle flexible working requests reflects directly on their workplace culture. Those who approach requests fairly and transparently are not only protecting their businesses legally, but also enhancing their ability to attract and retain top talent.”

If you require employment law services and would like to discuss your situation with an expert employment solicitor, then please contact us. We offer employment services to both Employers and Employees and our team are very happy to discuss your requirements with you.

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The deal aims to ban what Labour deems ‘exploitative’ practices and enhance employment rights.

The plans were also highlighted in this year’s King’s Speech.

Proposals include:

• Prohibiting zero-hour contracts, replacing them with contracts with regular hours. In addition, workers would receive ‘reasonable’ notice regarding change to their shifts and fair compensation for shortened or cancelled shifts.
• Restrictions to “fire and rehire” and “fire and replace”. The Code of Practice on Dismissal and Re-engagement was published by the Department for Business and Trade in July.
• Introducing day one rights to extend protection to employees such as those facing unfair dismissal, those on parental leave or sick leave, and flexible working rights ensuring employers will still be able to continue to operate probationary periods to assess performance.
• Introducing flexible working as the standard practice for all employees from the outset – “with employers required to accommodate this as far as is reasonable” to mirror the modern workplace.
• Strengthening protection for new mothers by making it unlawful to dismiss a woman with a new baby for six months following her return to work “except in specific circumstances.”
• The formation of the Fair Work Agency to strengthen the enforcement of workplace rights.
• Strengthening statutory sick pay by removing the lower earnings limit to make it accessible to all employees and eliminating the three-day waiting period.
• Implementing a Fair Pay Agreement within the adult social care sector followed by a comprehensive review to assess how and to what extent a similar agreement could benefit other sectors.
• Updating trade union legislation so it is more in keeping with the modern economy, removing unnecessary restrictions on trade union activity and ensuring industrial relations are centred on “good faith negotiation and bargaining” committed to implementing a genuine living wage for workers.
• Simplifying the process of statutory recognition and introducing a regulated route for workers and union members to have a reasonable right to access a union in their workplace.
• Establishing national terms and conditions, career progression routes and fair pay rates for teachers and other school staff.

“UK employers should prepare themselves for some of these proposed changes under Labour.

It is also essential that any changes which come into force are incorporated within contracts of employment as any new laws will override the terms of an existing contract.”

For Employment Law Advice, please contact our expert team. We work with both Employers and Employees.

Article written by Employment Law Solicitor Kerry Hudson

The post Employment Laws Subject To Change Under Labour Government appeared first on Brindley Twist Tafft & James.

We have outlined the most important changes and what you as an employer need to consider to ensure compliance and foster a safe workplace culture.  It is important to note that this new legislation (now in force) introduces a preventative duty requiring employers to take “reasonable steps” to prevent sexual harassment of workers, including harassment from third parties.

Previously employers were largely held accountable after an incident had occurred, but this new law shifts the focus to “preventing” incidents from happening in the first place.

This approach means that you must actively ensure a harassment free environment or face legal and financial consequences.

If an organisation is found not to have taken sufficient steps to prevent harassment, compensation awarded to victims may be increased by up to 25% which adds significant weight to the importance of adopting a more pro-active stance towards workplace harassment prevention.

Steps To Ensure Compliance

• Update and communicate policies – Having a robust anti-harassment policy in place is the first step but it is not enough to simply have one tucked away in your employee handbook.  This new law expects businesses to ensure these polices are widely communicated and understood across all levels of the organisation which includes third party assessments.  For example, does your business involve staff working in isolated locations or on one to one with clients?  Each of these scenarios could present heightened risks.

• Make sure that your assessment is thorough and that mitigation steps are clear and actionable.

• Training and awareness – training is an essential cornerstone of compliance.  Both employees and managers should receive training on what constitutes sexual harassment and the correct process for reporting it.  The training must be ongoing and part of your broader effort to maintain a respectful workplace culture.  Additionally, training your leadership team on how to handle complaints is crucial as they will often be the first point of contact when issues arise.

• Leadership involvement – Creating a culture of zero tolerance for harassment requires strong leadership.  The management team should lead by example and ensure that the company’s stance on harassment is clear.  Cultural direction from leadership will help embed the necessary behaviours and attitudes into every operations.

• Feedback and monitoring – Even with policies and training in place monitoring the effectiveness of these measures is essential.  Companies should consider implementing anonymous reporting channels for employees to feel safe in raising concerns.  They should also conduct regular reviews and gather feedback through exit interviews or employee surveys.  This continuous loop of feedback will help to ensure that you are staying proactive rather than reactive.

Moving Forward

Ensuring compliance with this new Worker Protection Act isn’t just about avoiding penalties – it is about fostering a safe, inclusive and positive work environment for all your employees.  By updating policies, conducting risk assessments and providing regular training you will not only meet your legal obligation but also enhance employee morale and retention.

For further Employment Law advice, please do not hesitate to contact our experienced team. We provide Employment Law services for both Employers and Employees.

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Kerry Hudson, Employment Solicitor said;

“Many clients are concerned about the changes they may face and the how their jobs or their contracts may be affected. People immediately panic when they know they’re getting a new boss. They wonder what is going to happen to them. But the first thing I always tell them is ‘your terms and conditions should not change’.

One prime concern is travel, especially, for example, among parents with children at nursery who fear they may have further to go for work.  A new employer may offer travel pay and to offer the extra travel time as part of the working day, but the new conditions may still leave employees daunted. In such cases, where there is no resolution between the two parties it becomes tricky for employees to negotiate an exit. She said workers should always be mindful of asking for redundancy rather than offering their resignation. Asking a person to travel to a different location might not look like a big deal to a new employer, but to the other person it can be and they may prefer to be made redundant. But at the same time you cannot force a new employer to make you redundant.

This is where a solicitor comes in. In this instance a person should most definitely not put themselves in a position where they resign – instead they should still seek a fair redundancy. It can be tricky to negotiate when you’ve never had the experience but there is a process in which you have to explain why you can’t accept the changes, for example why you can’t travel. You will find that usually the new employer will accept your reasons. For an employee to bring a claim for constructive unfair dismissal is a lot messier for an employer than an amicable redundancy.

If there is a takeover where the company brand and operations remain the same but with new heads at the top there should be no implications on staff contracts. If a company is taken over and the face of the business changes – for example a change of brand and branches closing with staff and assets incorporated into the new brand –  employment is transferred from the old employer to the new and the rights of employees come under TUPE – Transfer of Undertakings (Protection of Employment) regulations. Working terms and conditions in an employee’s contract should not change under TUPE, but if they do they should be better – for example, a better pension.

In cases where an acquisition leads to the duplication of roles across the two businesses the new owners will hold a consultation process. This can lead to employees being asked to take voluntary redundancy, take up alternative roles within the business or re-apply for their existing roles. Those that opt for voluntary redundancy should receive their notice pay as a contractual entitlement on top of any redundancy pay. Ideally those who apply for voluntary redundancy should usually also receive an enhanced ex gratia payment – an incentive for them to apply. They can even receive payment in lieu of their notice – three months’ pay without having to work, and any accrued holiday pay on top of that is always an incentive. Not only is this an incentive to the workers but also to the employers who incur far less cost.”

For further information or advice on TUPE regulations, or any other employment related issue, please contact our expert Employment Law team who will be happy to help.

The post More company takeovers lead to increasing number of workers seeking their legal rights appeared first on Brindley Twist Tafft & James.

Fit Notes

Fit notes are usually required for SSP where an employee has been off work for more than 7 days. Legal changes from 1 July 2022 now allows a wider range of registered healthcare professionals (nurses, pharmacists, occupational therapists and physiotherapists) in England, Scotland and Wales to issue fit notes.

Prior to this change only doctors had the authority to sign the fit notes.

The change has been welcomed as it eases the burden on GPs. In light of this change, employers should consider if the policies ought to be updated.

Menopause In The Workplace

The government has responded to an independent report commissioned by the Minister for Employment on the menopause and employment.

The government is of the view that changes are not required to the Equality Act 2010.

Menopause is not a protected characteristic under the Act, however if an employee is treated unfairly because of their menopause symptoms then this could be discrimination if related to a protected characteristic such as age, disability and sex.

Holiday entitlement for part-year workers

The Supreme Court has confirmed that holiday for part-year workers or permanent zero hours should not be pro-rated under the Working Time Regulations.

A part-year worker on a permanent contract is entitled to 5.6 weeks’ holiday entitlement.

For employers this means that contractual arrangements and holiday pay practices for part-year workers should be reviewed in line with the court’s ruling, and an audit to consider how workers’ pay is calculated for their holiday.

Contact our experienced Employment Law solicitors for further legal advice

The post Employment Law Updates appeared first on Brindley Twist Tafft & James.

If you are being made redundant, you are entitled to notice of termination of employment but what other rights do you have?

If you have two years’ continuous employment

If you have two years’ continuous service or more with your employer, you will be entitled to a statutory redundancy payment and also have unfair dismissal rights. In this instance, your employer needs to show that there is a genuine redundancy situation (ie it is not a ruse to “move you on”) and it has followed a correct consultation/dismissal procedure. If this is not the case, you are likely to have an unfair dismissal claim.

If the redundancy situation is caused by a reduced need for employees to do work of a particular kind, there can often be issues of fairness about who gets to keep their job and who is made redundant.

A redundancy dismissal is likely to be an unfair dismissal unless the employer has:

• identified an appropriate pool of employees from which redundancies will be made
• consulted with individuals in the pool, including on matters such as selection criteria for redundancies
• applied objective selection criteria to those in the pool
• consulted with the employees selected on an individual basis before a decision is made to terminate employment on the grounds of redundancy. The consultation will include considering alternative employment (subject to a trial period). This will usually involve a few meetings with the selected employees.

If you have less than two years continuous employment

If you are being made redundant and have less than two years’ service, you will not usually be eligible to bring a claim for unfair dismissal on the grounds of redundancy or be entitled to a redundancy payment.

However, in certain instances, you don’t need two years’ continuous employment to be eligible to bring a claim for unfair dismissal. This would be the case if you are made redundant due to one of the automatically unfair reasons e.g. you had asserted a statutory right, such as the right to a statutory rest period.

Collective consultation

Where there are 20 or more employees being made redundant at one establishment over a period of 90 days or less, there are specific duties about information and consultation, including minimum consultation periods. If an employer fails to carry out the required information and consultation, an award of compensation, known as a Protective Award can be made to you by an Employment Tribunal.

Discrimination

In some instances, the selection for redundancy is motivated by a discriminatory reason (e.g. sex, race, disability, age, sexual orientation, religion or belief, gender reassignment, marriage or civil partnership, pregnancy or maternity). You can bring a claim for discrimination without any period of continuous employment.

Settlement Agreements

Some employers will offer Settlement Agreements before or during a redundancy process. A Settlement Agreement is an agreement between an employer and an employee in which the employee agrees not to pursue any employment claims in return for a financial package.

If you are offered a Settlement Agreement in a redundancy situation, your employer will usually pay you the monies which you would have received anyway eg redundancy payment and notice. In addition, your employer may also pay “a sweetener” in order for you to give up your claims. The “sweetener” may be additional monies or even the offer that notice is not worked and is paid without deduction of tax and N.I.

In addition to written terms about the settlement of claims and monies payable, the Settlement Agreement may also include other terms eg about the confidentiality of the Agreement.

Quite often, a reference would be included within the terms of the Settlement Agreement which your employer would agree to provide if a reference request is made by a future employer.

You would be required to take independent legal advice about the terms of the Settlement Agreement and it is usual for your employer to pay a contribution towards those legal costs.

If you are offered a Settlement Agreement, we will check whether you are being offered a good deal, taking into account your contractual entitlements and your potential claims. We can help you achieve an improved financial package in certain circumstances.

Once a valid Settlement Agreement has been signed, you will not be able to sue your employer for any claims referred to as settled in the Settlement Agreement.

If you would like to discuss a redundancy situation or you have been offered a Settlement Agreement, please contact our Employment Solicitor, Kerry Hudson on 024 7653 1532 or email Kerry.Hudson@bttj.com.

The above is not intended to provide advice

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In addition to written terms about the settlement of claims and monies payable, the Settlement Agreement may also include other terms eg about the confidentiality of the Agreement.

Quite often, a reference will be included within the terms of the Settlement Agreement which your employer will agree to provide if a reference request is made by a future employer.

You will be required to take independent legal advice about the terms of the Settlement Agreement and it is usual for your employer to pay a contribution towards your legal costs for taking this advice.

You should be aware that you do not necessarily need to agree to the terms which are initially offered to you and sometimes your employer will be prepared to negotiate on the terms. You may prefer that we carry out such negotiations.

Once a valid Settlement Agreement has been signed, you will not be able to sue your employer for any claims referred to as settled in the Settlement Agreement.

Either you or your employer can start a discussion about the possibility of entering into a Settlement Agreement. If you think that “the writing is on the wall” in terms of your continued employment and consider that you have potential employment claims, you may wish to consider broaching the subject of a Settlement Agreement with your employer. This can result in a more satisfactory result than pursuing your claims in an Employment Tribunal as concluding a Settlement Agreement will give you a quicker and certain outcome. It is advisable to seek legal advice about your position and you can then decide whether to broach the subject with your employer. If you wish to raise the subject, you can do this personally or you can ask us to write a letter on your behalf, setting out your potential claims which can be more effective.

If you and your employer are unable to agree the terms of a Settlement Agreement, the Settlement offer and discussions cannot usually be referred to as evidence in any subsequent unfair dismissal claim but can be referred to in other claims. However, if there is already an existing dispute between you and your employer, any such discussions are likely to be covered by the “without prejudice” rule which means that they could not be revealed in any claims, whether unfair dismissal or otherwise.

If you are offered a Settlement Agreement or you would like to initiate discussions about an exit from your employment linked to a Settlement Agreement, please contact our Employment Solicitor, Kerry Hudson on 024 7653 1532 or email at Kerry.Hudson@bttj.com. Kerry specialises in Employment Law and is a trusted advisor to both employers and employees.

The above is not intended to provide advice.

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