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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A settlement agreement is a legally binding, confidential agreement between an employer and an employee to resolve an employment dispute. Often, these agreements involve a financial settlement in exchange for the employee waiving future legal claims. They offer a way to end employment amicably and without the need for lengthy tribunal proceedings.

A Smart Solution for Employers

Kerry Hudson, Employment Solicitors says: “Settlement agreements are a valuable resource for employers seeking to avoid the expense and risks of employment tribunal claims. The focus is now on resolving issues before they escalate, and settlement agreements can save businesses tens of thousands of pounds in legal fees, compensation, and reputational damage.”

Settlement agreements are particularly effective in situations such as redundancy, long-term sickness, personality clashes, or potential misconduct. In these cases, formal processes can be costly, time-consuming, and often end in lengthy litigation. A well-handled settlement agreement can offer a quicker, less stressful alternative.

Employment Tribunals Encourage Early Resolution

Employment tribunals increasingly encourage employers to resolve disputes before they escalate into formal claims. Tribunals may recommend that parties engage in settlement discussions before a hearing begins. Employers who fail to engage in these discussions may be seen as unreasonable, potentially affecting the tribunal’s judgment on costs and outcomes.

Kerry says: “The tribunal system is under significant pressure, and the message from the courts is clear: resolve issues early and amicably whenever possible. A well-managed settlement agreement not only protects your business but also demonstrates fairness and a pragmatic approach to resolving disputes.”

Why Employers Should Consider Settlement Agreements:

• Financial Prudence – Avoid costly legal fees, potential tribunal awards, and reputational damage.
• Certainty & Closure – Settle disputes and close off future legal risks.
• Confidentiality – Protect sensitive business information and preserve brand integrity.
• Efficiency – Resolve disputes quickly and avoid lengthy legal battles.

Legal Guidance Is Essential

It is crucial that settlement agreements are carefully drafted and legally compliant. Employees are entitled to independent legal advice before signing, and it is important that the process is transparent and conducted in good faith. Kerry advises employers to be open to settlement discussions and to approach these conversations professionally, with a clear policy and legal framework in place.

With offices in Coventry, Warwick, Balsall Common and Southam, we offer expert, business-minded legal advice on settlement agreements, employment disputes, and risk management. Our Employment Law team works closely with employers to draft tailored settlement agreements, negotiate terms, and mitigate long-term risk.

Contact us to see how we can assist with your legal employment matters.

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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

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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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For employers that find themselves in an Employment Tribunal in a claim for sexual harassment, if the Tribunal find that they also breached a new legal requirement of failing to take ‘reasonable steps’ to prevent harassment, they will face extra penalties.

In the event of a breach, employers could be forced to pay out an extra 25 percent uplift on compensation to victims under the Worker Protection (Amendment of Equality Act 2010) Act, which comes into effect later this year.

Failure to implement protective policies and procedures and a lack of robust systems which are supported by measures to uphold the law, such as training and culture change in the workplace, could prove costly.

Gone are the days where it was enough for a business to be reactive to an allegation of sexual harassment. Today, it is by no means enough.

Companies need to demonstrate to all employees that sexual harassment will not be tolerated, and they need to set out in detail the measures they have taken or are taking to prevent it.

With another five months to go until the law comes into effect, businesses need to be taking steps now. As well as ensuring they are fully prepared for the legislation, early preparation will allow them to effectively demonstrate they took all reasonable steps to prevent harassment within the workplace, should there ever be a tribunal claim.

Possible steps could include providing training on what may constitute harassment including sexual harassment and update any relevant policies to make clear zero tolerance stance and provide employees with information on a clear pathway to raise concerns if they consider they are victims of sexual harassment.

The creation of a central log for complaints of harassment of any nature or conducting regular assessments to identify risk factors and preventative measures in the workplace.

The new law comes into effect in October this year.

For further advice on the above, or if you require any other Employment Law services and would like to discuss your situation with an expert employment solicitor, then please contact our experienced team.

Article written by Employment Solicitor, Kerry Hudson.

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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

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The answer is that the law does not state a maximum (or a minimum) temperature.

However, the Workplace (Health, Safety and Welfare) Regulations 1992 lay down particular requirements for most aspects of the working environment. Regulation 7 deals specifically with the temperature in indoor workplaces and states that: ‘During working hours, the temperature in all workplaces inside buildings shall be reasonable.’

Guidance suggests a minimum of 16 degrees or 13 degrees if employee are doing physical work. There is no guidance for a maximum temperature limit.

The Health & Safety executive (HSE) states: In addition to the Workplace Regulations, the Management of Health and Safety at Work Regulations 1999 require employers to make a suitable assessment of the risks to the health and safety of their employees, and take action where necessary and where reasonably practicable. The temperature of the workplace is one of the potential hazards that employers should address to meet their legal obligations. Employers should consult with employees or their representatives to establish sensible means to cope with high temperatures.

Employers should do all they can to keep employees comfortable when working dusing a heatwave such as allowing them to wear casual clothes or relaxing their uniform policy, varying working hours or letting staff work from home where possible when extreme temperatures are expected.

Employees should discuss any concerns with their management or trade union representatives.

Visit the HSE website for further information: https://www.hse.gov.uk/temperature/law.htm

If you require any advice on any form of Employment Law either as an employee or employer contact us

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The issue is particularly relevant because of the ‘Great Resignation’ that has seen a wave of UK workers quit positions to start their own business or set up as sole traders.

Kerry urges employers to implement restrictive covenants to protect themselves.

The most common way to implement restrictive covenants is within the initial contract of employment.  For example, a term in your employee’s contract that says they can’t work for a competitor or have contact with customers they have dealt with during their employment for a set period of time after they leave the company would protect the employer.  It is however important that the restriction is reasonable to protect your business’ legitimate interest and takes into to the account the role of the employee – if you don’t the enforceability of the restrictive covenants could render it void.

Depending on the seniority of the employee, it may well be that a separate agreement should be entered into and legal advice recommended for both parties to ensure enforceability. 

But at the very least advice should be sought by an employer in including restrictive covenants in a contract of employment.

“We are seeing a rise in disputes over employees soliciting colleagues they used to work with in their previous employment  and/or  luring customers away from their former employers.”

“Home and remote working has made some professionals across the UK consider they can ‘go it alone’ or with employment vacancies seeing one of the biggest rises in decades, employers are offering increasingly better packages to entice new employees.”

“Employers need to revisit their employee contracts in light of these circumstances and ensure they have restrictive covenants to protect their business.”

“The best way to try and ensure that a former employee doesn’t damage your business is to put in place binding restrictive covenants and confidentiality clauses, not only to act as a deterrent in the first place, but if they do, you can take robust action including seeking any losses”

Contact our eperienced Employment Team for further 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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