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

The post Employment Rights Bill – Upcoming Changes appeared first on Brindley Twist Tafft & James.

Before joining us, Ashlea worked at another local law firm progressing from Legal Secretary to Trainee Solicitor, qualifying in 2025 as a Solicitor.

She represents both employees and employers on all employment and HR issues.

Ashlea spends 100% of her time working on employment matters.

She deals with a range of issues including, settlement agreements, unfair dismissals, discrimination, grievances / disciplinary’s, breaches of contract and redundancies. Ashlea would be happy to offer advice on contracts, policies etc.

In her spare time Ashlea enjoys reading and collecting Lego (mainly Harry Potter).

Welcome to the team Ashlea, from all at BTTJ!

The post New member of our Employment team appeared first on Brindley Twist Tafft & James.

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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There are things you can do to get money your employer owes you.  You will need to start by checking whether your employer is actually officially “insolvent” – this means they can’t pay their debts. You can do this for free by checking Companies House.

If the employer is insolvent, you will usually be contacted by an “insolvency practitioner” – administrator – they are the people in charge of your employer’s debts.  They should contact employees soon after the employer is made insolvent.   You may also be able to find their details on Companies House when you search for the name of your employers.  Often employers may trade under different names – looking at the name of your employers on your wage slip will help.

It is a good idea to stay in contact with the people that you have worked with and if you are a member of a trade union you should stay in contact with your representative.  This will mean you will be able to share information about the situation.

If the employer is insolvent, you can apply to the Redundancy Payments Service – this is a government service for the monies lost.  You can claim:

• up to 8 weeks wages
• pay for any untaken but accrued annual leave
• statutory notice pay
• statutory redundancy pay (only if you have been in employment for 2 years or more).

Unpaid wages include statutory payments you should have been paid, for example statutory sick pay or statutory maternity pay.

The maximum amount you can get for a week’s unpaid wages or annual leave if your employment ended after 6 April 2024 is £700 for each week.

Applying to the Redundancy Payments Service

The insolvency practitioner should have provided a case reference number called a CN number.  You will need to use the CN number to claim the money your employer owes you.  You should usually get your money within 6 weeks of applying. 

Applying for money your employer owes you on gov.uk

If you are entitled to statutory notice pay and your employer didn’t pay it, you need to make a second claim for it.  The insolvency practitioner will give you another case reference number called an LN number.  They will only give it to you after your notice period should have ended.

If you are still owed money by your employer that you can’t get from the Redundancy Payments Service, the insolvency practitioner should help you register as a creditor which means you might get some money if there is any left when your employer is fully shut down.

With the current economic situation, it would appear that companies will be becoming insolvent and filing for administration more regularly unfortunately.

If your employers are solvent, write to their registered address setting out the details of the payments they owe you.  There is a time limit for three months less one day from the date you should have been paid to bring a claim in the Employment Tribunal for unpaid monies.

The first step in bringing a claim is registering a claim notification form with ACAS, (Advisory, Conciliation and Arbitration Service).  This is a free service and a compulsory step you need to take before you are then able to register a claim with the Employment Tribunal. 

Registering your claim with ACAS ‘pauses’ the time limit.  ACAS can offer a conciliation service to try and see if they can assist in resolving the dispute, but if that is unsuccessful, they will issue a certificate.  Once that certificate is issued the time limit starts to run again, so you will need to calculate the deadline for when you must issue your claim in the Employment Tribunal.

Our specialist Employment Law team advise employees and employers across all occupations and industries, and we would be pleased to assist. 

Article written by Employent Solicitor Kerry Hudson

The post Getting Paid If Your Employer Goes Out Of Business Or “Disappears” appeared first on Brindley Twist Tafft & James.

This article provides a comprehensive overview of UK Law regarding employer responsibilities to ensure that Christmas parties are safe and respectful environments for all employees.

Legal Framework

Equality Act 2010

The primary piece of legislation governing workplace harassment in the UK is the Equality Act 2010. Under this Act, employers are legally obligated to prevent harassment, including sexual harassment, in the workplace. This duty extends to work-related events, such as Christmas parties, regardless of whether they take place on or off company premises.

Definition of Sexual Harassment

Sexual harassment is defined under the Equality Act 2010 as unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Examples include unwelcome sexual advances, inappropriate comments, and physical contact.

Vicarious Liability

Employers can be held vicariously liable for acts of sexual harassment committed by their employees during the course of employment, which includes work-related social events. This means that if an employee experiences sexual harassment at a Christmas party, the employer may be legally responsible for failing to prevent it.

Preventative Measures

Clear Policies and Communication

Employers should have clear anti-harassment policies that are communicated to all employees. These policies should outline what constitutes unacceptable behaviour, the consequences of such behaviour, and the procedure for reporting harassment. Circulating these policies before the Christmas party can serve as a reminder of the standards expected.

Training and Awareness

Regular training on harassment prevention is essential. This training should educate employees about their rights and responsibilities, how to recognize and report harassment, and the support available to victims. Managers and supervisors should receive additional training on how to handle complaints effectively and sensitively.

Designated Points of Contact

Employers should designate specific individuals as points of contact for harassment complaints. These individuals should be trained to handle complaints confidentially and appropriately. Ensuring that employees know who to approach can facilitate the reporting process.

Monitoring and Supervision

During the event, employers should ensure that there are sufficient supervisors present to monitor behaviour and address any issues that arise promptly. This proactive approach can help prevent incidents of harassment from escalating.

Responding to Incidents

Immediate Action

If an incident of sexual harassment occurs, employers must take immediate and appropriate action. This may include separating the individuals involved, providing support to the victim, and launching an investigation into the allegations.

Investigations

Investigations should be conducted promptly, thoroughly, and impartially. Employers should gather evidence, interview witnesses, and document all findings. The accused should be given an opportunity to respond to the allegations, and the process should be fair and transparent.

Disciplinary Measures

If the investigation finds that harassment has occurred, employers must take disciplinary action against the perpetrator. This could range from a formal warning to dismissal, depending on the severity of the behaviour. Employers should also consider measures to prevent future incidents, such as additional training or policy revisions.

Support for Victims

Confidentiality and Sensitivity

Employers must handle harassment complaints with the utmost confidentiality and sensitivity. Victims should feel safe and supported when coming forward with their experiences.

Counselling and Support Services

Providing access to counselling and support services can be beneficial for victims of harassment. This support can help them cope with the emotional and psychological impact of their experiences.

Ensuring a safe and respectful environment at Christmas parties is not just a legal obligation for UK employers but also a moral one. By implementing clear policies, providing training, and taking swift action in response to incidents, employers can create a culture of respect and inclusivity. This proactive approach not only protects employees but also fosters a positive and enjoyable festive celebration for all.

For more information on preventing workplace harassment, employers can refer to these resources:

• Equality and Human Rights Commission: Equality Act 2010 Guidance
• Acas: Bullying and Harassment at Work – A Guide for Managers and Employers
• Health and Safety Executive: Workplace Harassment and Violence

Ensuring that the festive season remains joyful and respectful requires commitment and vigilance from employers. By adhering to the guidelines outlined in this document, employers can navigate the complexities of workplace social events and uphold their duty to prevent sexual harassment.

Our Employment Law team are trusted advisors to both employers & employees. Please contact us if you require any Employment Law advice.

Article written by Employment Law Solicitor, Kerry Hudson

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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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The firm’s investment comes at a time when the UK reported a 19 per cent increase in the number of individuals bringing new claims against their employers between April and June last year, when compared with the same period the year before.

The number of open cases over the same period also increased by 18 per cent like-for-like.

Demand is expected to further increase over the coming months as Labour introduces a raft of new measures designed to give more rights to employees.

To meet the anticipated demand for legal services Norman Rea and Betty Nunesova were both brought on board last month joining Kerry Hudson, Solicitor.

Norman is a Chartered Legal Executive who works with both employers and employees on all employment and HR matters including contentious and non-contentious work.

A Fellow of the Institute of Chartered Legal Executives he has extensive experience in his field and has previously represented clients from across the UK and Channel Islands.

Betty has joined the team as a Paralegal.

After gaining First Class Honours in her law degree at the University of Birmingham, Betty went on to complete her Masters at BPP University.

 Alex Khan, Managing Partner said: “We are delighted to welcome Betty and Norman to the team. With an expanded team we will be able to offer employers and employees an even higher level of service throughout the region.

We are anticipating a continuing rise in demand for our employment law services and we are confident that each of our new team members will each play a vital role in meeting the needs of the growing number of clients seeking our legal expertise.”

If you require employment law advice or services, either as an employee or employer please get in touch with the team who will be happy to discuss your matter.

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What are the key points that may affect you or your business?

National Insurance

The budget included a rise in National Insurance paid by businesses on salaries, with an increase to 15% on salaries above £5,000 from April. This was previously 13.8% on salaries above £9100.  

An employment allowance, which may be used by smaller companies to reduce their National Insurance liability is to be increased from £5000 to £10500.

Minimum Wage

It has been announced that the minimum wage for over 21 year olds is to rise to £12.21 from April and also the minimum wage for 18 to 20-year-olds will increase  from £8.60 to £10, as part of a plan to move towards a single rate for adults.

Capital Gains Rates On Sale Of Shares

For shareholders in companies, the basic rate capital gains tax on profits from selling those shares will be increased from 10% to 18%, with the higher rate will rise from 20% to 24% which may affect the decisions of shareholders as to whether they wish to sell their shares. Although for some shareholders, the Business Asset Disposal Relief may still be applicable to their profits despite rumours that it would be cancelled by the government.

Stamp Duty Land Tax

The Stamp Duty Surcharge for those buying a second property (in addition to their residential property) has been increased to 5% from 3% which in some cases is an increase that may cost buyers thousands of pounds more than initially estimated on their purchases.

From 31^st March 2025, the amount upon which a person will need to pay Stamp Duty Land Tax on their main home has now been lowered from £250,000 to £125,000 meaning the cost of buying a house increases for many and the threshold at which first-time buyers are required to pay stamp duty land tax has been lowered, from £425,000 to £300,000 which again may increase the cost of buying a first home.

Please note that where references to taxes, applicable rates and potential reliefs thereof, are made in this piece it is purely information provided by HM Government, BTTJ is not a firm of tax advisors and does not intend to provide tax advice in this article.

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