Conducting fair and robust workplace investigations

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A recent decision from the Employment Appeal Tribunal in Chand v EE Ltd [2026] EAT 17 offers a timely reminder of how important a thorough and balanced investigation is when managing disciplinary matters.

For many organisations, investigations are often carried out under time pressure and in challenging circumstances. However, this case highlights how weaknesses in the investigation process can undermine a dismissal decision and expose employers to significant legal and reputational risk.

This case provides a useful reminder that when investigations are rushed, poorly structured or influenced by assumptions, dismissal decisions can quickly unravel.

The case in brief

Elizabeth Chand had worked for EE Ltd for 16 years as a Senior Customer Advisor with an otherwise unblemished record. She was dismissed for gross misconduct following four incidents which the employer believed amounted to fraud.

Ms Chand admitted that mistakes had been made but denied any fraudulent intent. She also explained that she had been experiencing significant personal stress while caring for her unwell parents.

The Employment Tribunal concluded that the employer did not have reasonable grounds to determine that fraud had occurred. While one of the incidents did represent a serious breach of policy, the tribunal found that the investigation had not properly established fraudulent intent. The Employment Appeal Tribunal ultimately upheld the finding of unfair dismissal.

Where the investigation process fell short

One of the key issues identified by the tribunal was the way in which the allegations had been assessed. Rather than carefully analysing each incident individually, the employer considered the four matters collectively and allowed an assumption of fraud to shape the overall conclusion.

This approach blurred the distinction between the actions of a customer attempting to commit fraud and the actions of the employee herself. As a result, the tribunal concluded that the employer did not have reasonable grounds for believing the claimant had committed fraud.

The investigation also failed to give sufficient weight to important mitigating factors, including Ms Chand’s long record of service and the personal pressures she was experiencing at the time.

Perhaps most significantly, the appeal process did not address the shortcomings of the original investigation. Instead of conducting an independent reassessment of the evidence, the appeal decision largely upheld the initial findings.

What this means for employers

While the circumstances of this case were specific, the underlying issues are common in workplace investigations. When investigators begin the process with a fixed assumption about what has happened, there is a risk that evidence will be interpreted in a way that confirms that assumption rather than objectively testing it.

This is why a structured and impartial investigation process is so important. The purpose of an investigation is not to prove wrongdoing, but to establish the facts as fairly and thoroughly as possible before any disciplinary decisions are made.

Good practice when conducting investigations

In practice, a fair investigation should begin with clearly identifying the allegations and determining what evidence is required to understand what has happened. Investigators should gather relevant documentation, interview witnesses where appropriate and ensure the employee involved has a full opportunity to respond to the concerns raised.

It is also important that each allegation is assessed on its own merits rather than being grouped together or influenced by assumptions about intent. Investigators should carefully document how evidence has been considered and explain the reasoning behind any conclusions reached.

Where personal circumstances or mitigating factors are raised, these should be properly explored and considered before determining the appropriate next steps.

Maintaining detailed records throughout the process is equally important. Clear documentation helps demonstrate that the investigation has been conducted fairly and can provide essential evidence if decisions are later challenged.

Protecting your organisation

From a legal perspective, the fairness of an investigation is often central to whether a dismissal will be considered reasonable by a tribunal. If employers rely on assumptions rather than evidence, or fail to properly consider mitigating factors, disciplinary decisions are far more vulnerable to challenge.

Taking the time to conduct a careful, objective and well-documented investigation not only supports fair outcomes for employees but also helps protect organisations from unfair dismissal claims, costly litigation and reputational damage. When handled well, workplace investigations reinforce fairness, consistency and accountability across the organisation – while ensuring that decisions stand up to scrutiny if they are ever challenged.

If you would like to find out how Narrow Quay HR can support with a workplace investigation for your organisation, please contact Bethan Arora in our team on 07584 638 860.

Appeals: why they are important

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For a long time, employment lawyers and HR professionals alike have focussed on the question of whether an appeal that was done well could repair the damage from a badly done dismissal. The Employment Appeal Tribunal case for Milrine vs DHL has turned that question on its head.

In this case the original dismissal was considered by the Tribunal to be fair, with some reservations from the Tribunal. However, the way that the employer had done the appeal meant that it had turned it into an unfair dismissal. To use a football analogy, the employer was winning the game 1-0 heading into injury time, they then lost focus and ended up conceding a couple of late goals to lose the game.

Let’s have a look at the facts of the case: Mr Milrine, was a long-serving HGV driver who had been dismissed for incapability after more than two years’ absence from work due to medical conditions including vertigo and vestibular migraines. His employer, DHL Services Ltd, dismissed him on the grounds of capability. Remember, that bit the Tribunal considered was just about fair.

So, what went wrong in the appeal process? The following is really a rogue’s gallery of how not to carry out an appeal process.

The nominated appeal manager declined to hear the appeal. His replacement did not attend the rescheduled hearing, leaving the Claimant and his union representative waiting on site. The HR business partner then placed the onus on the Claimant to choose the appeal manager and propose dates, without confirming this to him in writing. When the Claimant commenced ACAS Early Conciliation – he believed it would prevent a continuation of the car crash of his appeal process – the company did not tell him that his understanding was incorrect. The internal appeal never took place.

This serves as a reminder to employers that procedural fairness doesn’t just include the initial decision to dismiss, it also covers any internal appeal process.

What does this mean?

At the outset of a disciplinary process, as well as identifying a disciplinary hearing manager, you also need to identify who would hear any appeal. This needs to be someone senior, who has not been involved in any of the earlier stages of the process. If an appeal is requested, that person needs to be able and willing to give the appeal the time and attention that an employment tribunal will expect. The appeal manager needs to be seen to be treating the appeal as a priority and to be taking it seriously.

At Narrow Quay HR we support clients in managing disciplinary processes and appeal panels to ensure everyone performs their roles properly. If you would like to discuss some support you need, please contact Simon Martin in our team on 07384813076.

Menopause in the workplace: what employers should be doing now

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Menopause is becoming an increasingly important workplace issue, especially as more people are working later in life. For many employers, it’s likely that some staff are experiencing menopause or perimenopause, and for certain individuals, symptoms can significantly impact their wellbeing and ability to work effectively.

For larger employers (those with 250 or more employees), there’s a clear direction of travel: the Employment Rights Act 2025 framework will soon require these organisations to publish equality action plans, including measures on menopause support. While smaller organisations won’t be required to do this, the changes send a strong signal about the growing focus on menopause in the workplace.

Even though menopause isn’t currently a standalone protected characteristic under UK law, employers should be aware that workplace issues linked to menopause can still create legal risks. For example:

  • In some cases, menopause symptoms may meet the legal definition of a disability if they have a substantial and long-term impact on day-to-day activities.
  • Treating someone unfavourably because of menopause-related issues could fall within these protected characteristics.
  • Employers have a duty to ensure workplace conditions don’t negatively affect employees’ health, which could include accommodating menopause-related needs.

Practical steps employers can take

For organisations of all sizes, adopting good practices around menopause can help reduce risks, support employees, and create a positive workplace culture. Smaller employers may not face formal reporting requirements, but acting now can reflect best practice and help prevent future issues.

Here are some practical steps to consider:

  1. Create a Menopause Policy or Guidance
    Having clear information about how employees can access support and raise concerns can be invaluable. A policy doesn’t need to be overly complex—it’s about showing that you take menopause seriously and are ready to help.
  2. Train Managers to Handle Sensitive Conversations
    Managers should feel confident talking about menopause and recognising when someone might need support. This could include understanding how symptoms might affect performance and knowing what adjustments can be made.
  3. Consider Reasonable Adjustments
    Small changes can make a big difference. For example:
    • Flexible or temporary changes to working hours.
    • Access to cooler workspaces or improved ventilation.
    • Adjustments to uniforms or dress codes.
    • Allowing additional breaks when needed.
    These adjustments don’t need to be costly or complicated, but they can significantly improve an employee’s ability to work comfortably.
  4. Handle Absence Fairly and Sensitively
    If someone needs time off due to menopause symptoms, it’s important to manage this with care. Reviewing your absence management processes to ensure menopause-related absences are treated fairly can help avoid unnecessary conflict or misunderstandings.
  5. Encourage an Open Culture
    A workplace where employees feel comfortable discussing menopause and asking for support is likely to be more inclusive and supportive overall. This could involve raising awareness about menopause among all staff and showing that it’s not a taboo subject.

Why it matters

Supporting employees through menopause isn’t just about compliance or avoiding legal risks. It’s also about creating a workplace where people feel valued and supported. For smaller organisations, these steps can help retain experienced staff, reduce absence, and demonstrate a genuine commitment to employee wellbeing.

Even if your organisation isn’t directly affected by future reporting requirements, taking proactive steps now will align with emerging best practices and help minimise potential employment law risks.

For more information on this topic or to discuss other HR support needs, please contact Claire Parr in our team on 07385 475786.

Neurodiversity at work

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A recent case reported by People Management, has highlighted the growing importance of understanding neurodiversity at work.

The case concerned an employee with Rejection Sensitive Dysphoria (RSD), commonly associated with ADHD, who was awarded £12,000 after her manager dismissed her concerns and told her to “get back in your box”. The tribunal ruled that this behaviour constituted disability harassment.

While the circumstances were specific, the message is much broader. Many employers are still unsure how best to recognise and support neurodivergent colleagues – and small misunderstandings can quickly become wellbeing, performance or employee relations issues.

What is neurodiversity?

Neurodiversity simply reflects the natural differences in how people think, learn and process information. This may include autism, ADHD, dyslexia or dyspraxia, among others. In most organisations, this represents a significant proportion of the workforce, whether formally diagnosed or not.

When supported well, neurodivergent employees often bring creativity, innovation and fresh thinking. When support is lacking, those same employees may feel overwhelmed, misunderstood or unfairly managed. If concerns are mishandled or adjustments are not properly considered, this can quickly escalate into formal grievances or disability discrimination claims, creating significant legal and reputational risk for employers.

Neurodiversity in the workplace

Research by ACAS into neurodiversity at work (2025) estimates that in the UK around 15%–20% of adults are neurodivergent, though many of these individuals are undiagnosed or receive their diagnosis later in life – particularly in adulthood as awareness increases. This means, some diagnoses are happening in real time, in the workplace.

Receiving a formal diagnosis can be an emotionally significant event for the individual. For HR and managers, understanding this transition period – and responding with empathy and flexibility – can make all the difference in supporting someone’s ongoing wellbeing and performance. Engaging Occupational Health can help employers better understand the impact of a condition, clarify what adjustments may be appropriate, and provide practical recommendations to support both performance and wellbeing.

Building confidence and capability

In practice, supporting neurodiversity often comes down to good people management.

Neurodivergence can present in the workplace in a variety of ways: a capable employee may struggle in a noisy office. Someone might need clearer structure. Feedback that feels constructive to a manager may feel intensely personal to another colleague. Without awareness, these differences can be mistaken for poor attitude or performance.

Managers don’t need to be experts in every condition, but they do need the confidence to listen, ask questions and adapt their approach.

Small changes – such as following up meetings in writing, reducing unnecessary distractions or offering alternative ways to demonstrate skills – can remove barriers without disrupting the wider team.

Creating psychological safety is equally important. When employees feel comfortable saying “this is how I work best,” challenges are far easier to address informally and early.

Taking a proactive, organisation-wide view

ACAS’ research underlines that supporting neurodiverse staff shouldn’t be treated as a niche or reactive issue but as a core workplace priority. The report emphasises that proactive support – including inclusive policies, ongoing line-manager training and personalised adjustments – can be achieved without requiring a formal diagnosis or disclosure, and that doing so benefits both individuals and organisations. Inclusive practices can reduce turnover, improve engagement and help teams perform more effectively.

Recruitment, onboarding, performance management and absence procedures should all allow for flexibility and reasonable adjustments. Clear communication, transparent expectations and consistent management practices benefit everyone, not just those who identify as neurodivergent.

Reviewing policies through this lens can also reduce risk and ensure managers aren’t left making decisions without guidance.

A workplace that works for everyone

Supporting neurodiversity isn’t about ticking boxes. It’s about thoughtful, everyday practices that help people do their best work while ensuring fair and consistent management.

For many employers, having the right HR advice and structure in place makes these changes more manageable and sustainable. Clear policies, confident managers and proactive adjustments not only create a more inclusive culture but also help protect the business against avoidable grievances and discrimination claims. With the right support, neurodiversity becomes less of a challenge to navigate and more of a strength to build on.

For more information on this topic, please contact Bethan Arora in our team on 07584 638 860.

Zero hours contracts: using them appropriately and effectively

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As part of its Plan to Make Work Pay, the government has pledged to “ban exploitative zero hours contracts” and “end one-sided flexibility”.

Employers have become more aware of the precarious nature of zero-hour contracts and the negative perception they can attract, but if used appropriately, they can be highly beneficial for employers in offering flexibility in how they manage their workforce.

Why use zero hours contracts?

Zero-hour contracts can allow businesses to respond to fluctuations in demand for staffing levels, to ensure that staff are only engaged when required, allowing a greater control in labour costs. Employers can have access to workers without committing to fixed hours, which means they can adapt to changing circumstances. This means they can be useful for organisations where there may be seasonal or unpredictable workloads, such as hospitality, event planning or retail. Yet, research by the TUC found that almost half of zero hours contract workers have been with their employer for over 2 years, and only a minority of these workers were in roles which are truly as a stop-gap temporary resource.

Zero hours contract can also offer flexibility for individuals. According to research by the CIPD, the highest proportion of workers on zero hours contracts are 18-24 year-olds, and their research found that one-fifth of students have a zero hours contract, which enables them to balance studying alongside ad hoc work.

How can employers use zero hour contracts well?

  • Provide clarity in terms of engagement

Ensure that it is clear to zero hour workers that there is no guarantee of hours, and that they have the right to refuse work. They should also be clear on how they will be paid, which must comply with National Minimum Wage requirements. Zero hour workers are also entitled to holiday pay, and for time spent on work-related training. These terms should be outlined in writing.

Casual workers would require different terms of engagement so employers would not be able to use their standard employment contract.

  • Shift allocation and communication

Allow sufficient notice for workers when planning possible shifts. Be transparent with zero hour workers on how shifts are offered and consider if there are any processes required to ensure fairness in how they are allocated. This can help build positive working relationships.

  • Monitor and review working patterns

It is good practice to monitor the usage of zero hours workers. This will help establish if zero hours contracts are still the most appropriate resource for the role. This may also help identify if a regular pattern of work is emerging, which could lead to any claims around employment status. This will also allow you to adapt any contracts or working practices in response.

  • Record-keeping

Keeping accurate records of hours worked, pay and entitlements will help ensure you comply with legal obligations. It can also be a good idea to keep records of how shifts have been allocated, including offers and refusal. This reinforces that workers can choose to accept or refuse work.

  • Fair treatment

You should ensure that zero hour workers are treated fairly and are not discriminated against. They should receive appropriate training for tasks they are expected to perform and be made aware of any health and safety requirements for their role.

Greater regulation is coming on the use of zero hours contracts, with measures being introduced by the Employment Rights Act to include a requirement for employers to offer guaranteed hours contracts based on their average hours worked during a reference period. Workers will also gain rights to reasonable notice of shifts and compensation for late changes. These rights extend to agency workers. These changes are timetabled for 2027 with the detailed operation of these rights being set out in future regulations. Using the time now to review existing practices and use of zero hours contracts will ensure employers are in the best position to comply with these changes.

If you need further advice or assistance with drafting contracts or reviewing your practices, please contact Rachel Walker in our team on 07392090890.

Collective consultation: the importance of preparation and communication

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When you’re managing a consultation, focus is often on the end-game – delivering the proposed change within the timescales.

As such, it can be easy to forget how important preparation and communication are to the successful delivery of that consultation, as evidenced recently by Amazon. In this instance, an email announcing job losses before staff had been formally notified, was attached in error to a calendar invite. The message was apparently shared by mistake, as it was quickly cancelled. Incidents like these serve as a reminder that preparation and communication in consultations is critical to getting the process right, not only to comply with legal requirements but also to safeguard employee engagement and organisational reputation.

Collective consultation

Collective consultation is a legal requirement when an employer proposes to make 20 or more redundancies (or potential dismissals under ‘fire and rehire’) within a 90-day period. The process ensures affected employees are properly informed and consulted before decisions are finalised. Employers must adhere to strict legal obligations, including timelines, the content of shared information, and a duty to engage genuinely with employees or their representatives.

Preparation: the key to success

Preparation is fundamental to a successful collective consultation process. Employers must approach redundancies with a clear plan that addresses both legal compliance and the human impact of their decisions.

Key aspects of preparation include:

  • Clarity of objectives: Employers should clearly document the rationale for redundancies, whether for cost reduction, restructuring, or efficiency improvement. Transparent communication of these objectives is essential.
  • Assessment of legal obligations: Employers must meet all legal requirements, including notifying the Secretary of State using an HR1 form and engaging employee representatives, whether trade unions or elected representatives.
  • Timing and resources: Adequate time must be allocated for meaningful dialogue, with flexibility for extensions if needed. Employers should ensure sufficient HR support and resources to manage the process effectively.
  • Internal coordination: Messaging, timing, and processes should be aligned across internal teams before communication begins. Amazon’s error highlights the risks of poor coordination.

Communication: the heart of collective consultation

Effective communication fosters trust, minimises uncertainty, and maintains morale during redundancies. Employers should prioritise clear, consistent, and empathetic communication throughout the process.

Best practice includes:

  • Transparency: Employees should be informed of the reasons for redundancies, the steps being taken, and the process timeline. Honest communication reduces speculation and anxiety.
  • Empathy: Acknowledging the challenges faced by affected individuals through empathetic language demonstrates respect and value for employees.
  • Consistency & coordination: Mixed messages undermine trust. Amazon’s premature email illustrates the importance of carefully coordinated communications.
  • Engagement: Employers must genuinely engage with employee representatives, consider their feedback, and explore alternatives to redundancies where possible.

Further information and support

The Government has recently announced that changes to legislation covering ‘fire and rehire’ have been pushed back to January 2027. This gives employers more time to prepare, and to consider undertaking consultations before the changes come into effect.

If you have a consultation in the pipeline and would like to discuss how we can assist you, then please contact Andrew Miles in our team on 07468698975.

Employment Rights Act 2025

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The Employment Rights Act 2025 is widely being described as a generational shift in employment law.

While the scale of change can feel daunting, the key question for employers is a practical one: what should you actually be doing now to prepare?

The below sets out a clear, practical “to do list” to help you get ready for the changes ahead.

To do list:

April 2026 changes

Paternity and Parental LeaveStatutory Sick PayCollective Consultation AwardTrade Union Recognition*
Check and Update Policy wordingCheck and update contractsEnsure all relevant stakeholders awareEnsure you have practical understanding of union recognition
Make sure managers are aware of the changeEnsure you have robust return to work processes and apply consistentlyAudit consultation processesReview how you collectively engage with staff
Make sure your payroll system is ready

*If you don’t already recognise a union.

To do list:

October 2026 changes

Fire and Re-hire
(will now take effect in January 2027)		Harassment PreventionIndustrial RelationsTips Policy
Review timing of any planned changesUndertake or review your risk assessment – ensure third parties coveredPrepare a written statement to issue to new startersPut in place a review cycle
Review variation clauses in contractsMake sure policies are up to dateUnderstand trade union access rightsImplement a process for consulting with staff
Refresh staff training

Other actions

  • Ahead of Unfair dismissal qualifying period change review and strengthen recruitment and probation practices and train managers.
  • If you use zero hours/casual workers, start auditing arrangements and tracking work patterns and hours.
  • If you use zero hours/casual workers consider taking part in the upcoming Government consultation on guaranteed hours.
Download “to-do list”

If you need more support with the Employment Rights Act, please contact Sarah Martin in our team on 07799 136091.

Multi-generational workforces: bridging the generation gaps and embracing workplace diversity

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Have you ever found yourself in a meeting where the ideas are flying, but you notice that some colleagues are struggling to connect? Maybe it’s the seasoned manager who prefers face-to-face discussions, while the younger team member is more comfortable firing off messages. With four generations now working side by side, these moments are becoming increasingly common. But rather than seeing generational differences as a challenge, what if we reframed them as an opportunity?

Of course we should never make assumptions about people’s experience or interests based on their age, but being alive to the topic of multi-generational teams can play an important part in your workplace inclusion. By embracing the unique perspectives and experiences each age group brings, you can foster collaboration, spark innovation, and build a stronger, more inclusive team. Here are some ways to bridge the generational gap and make diversity work for your organisation.

Recognise and adapt to communication styles

Think about how you communicate with your colleagues. Do you prefer picking up the phone or sending a quick instant message? These preferences often reflect generational habits. Baby Boomers and Gen X might lean towards emails or in-person chats, while Millennials and Gen Z are more likely to favour WhatsApp or Teams. The key is to meet people where they are. By offering a mix of communication tools and encouraging adaptability, you can help everyone feel heard. Try introducing shared platforms like Microsoft Teams, where colleagues can choose between chat, video, or document collaboration

Address unconscious bias to foster inclusion

We all carry assumptions, even if we don’t realise it. How often do we hear comments like “older employees resist change” or “younger workers lack loyalty”? These stereotypes can undermine trust and teamwork. Instead, challenge these biases by celebrating real-life success stories such as the experienced manager who mastered new tech or the young recruit who led a long-term project with dedication. By addressing these biases openly, you can create a culture where everyone feels valued for their contributions.

Build cross-generational teams for collaboration

Imagine pairing a Gen Z social media whizz with a Gen X strategist on a marketing project. The younger team member might bring fresh ideas and digital expertise, while the older colleague offers a wealth of experience and a big-picture perspective. By intentionally creating cross-generational teams, you can encourage collaboration and mutual learning. It’s not just about solving problems – it’s about building respect and understanding between colleagues.

Offer flexible working to meet diverse needs

Flexibility isn’t just a perk; it’s a necessity in today’s workplace. Different generations have different priorities. While older employees might value phased retirement or part-time roles, younger colleagues may be looking for remote working options and opportunities for growth. Offering tailored policies, such as hybrid working or sabbaticals, shows that you understand and respect these diverse needs. It’s not one-size-fits-all, and that’s the beauty of it.

Celebrate generational diversity in workplace culture

Have you ever been to a work event that felt like it was designed for someone else? Social activities can unintentionally exclude people, whether it’s the time of day, the focus on alcohol, or the type of activity. Instead, think inclusively—offer non-alcoholic options, schedule events during work hours, and mix up the activities to appeal to different preferences. Recognising generational achievements in team meetings or newsletters can also reinforce the value of diversity and collaboration.

Generational diversity is more than a buzzword—it’s an opportunity to create a richer, more inclusive workplace. By recognising communication differences, challenging biases, and fostering collaboration, you can build a team where everyone thrives. So next time you’re in a meeting, look around. Those different perspectives aren’t just gaps to bridge—they could be the positive foundation of your workforce.

For more information on this topic or to discuss other HR support needs, please contact Claire Parr in our team on 07385475786.

National Apprenticeship Week 2026: why apprenticeships matter

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As it’s National Apprenticeship Week from February 9th to 15th 2026, I wanted to share my own experience of working with apprenticeships, in particular the value they can bring to organisations.

Having worked in organisations where I was involved in the recruitment, onboarding and mentoring of apprentices, a career highlight for me has been watching their growth and development into their roles. Years on, seeing LinkedIn posts from former apprentices on how their careers have flourished has provided a real sense of satisfaction.

But personal satisfaction is not the only benefit for organisations. By combining on-the-job training in the workplace with external training at a college for a nationally recognised qualification, organisations benefit from a structured career route for their staff along with the development of both practical skills and theoretical knowledge.

The last few years have seen vast developments in the structure of apprenticeships and they now cover a huge range of occupations and sectors such as animal care, digital technology, legal, childcare, accounting, cyber security and science. This means many more organisations can consider whether an apprenticeship offers them another route to bring talent into the workplace.

Building on this, the theme for this year’s National Apprenticeship Week is “Skills for Life” which focuses on how apprenticeships provide opportunities for broader, lifelong skills, and are not just aimed at building career-specific abilities.

Apprenticeships can also play a role in breaking down barriers and encouraging diversity. For example, women remain underrepresented in many technical roles such as maintenance and engineering. Encouraging underrepresented groups to explore technical career paths through apprenticeships can increase the pipeline and improve diversity in this field. Apprenticeships can also provide accessible opportunities for individuals who may not follow traditional academic routes, allowing them to explore their potential, reducing unemployment rates and fostering social mobility.

Many employers are already acknowledging these benefits. In a recent CIPD study, 80% of employers felt that hiring apprentices had benefited them in improving future skills in their business. In the same study, 70% of employers running apprenticeships had seen improvements in the goods and services they offered, identifying that apprentices can help foster innovation by bringing in new ideas and ways of working, which in turn can also improve economic resilience. The government has also seen the opportunity for apprenticeships to increase national productivity and has been promoting them over recent years. For many, apprenticeships are seen as an effective way to close skills gaps that align to organisational needs, which enable businesses to improve their organisational efficiency and productivity.

If you’d like discuss this topic further, please contact Rachel Walker in our team on 07392090890.

The Employment Rights Act: time to get ready!

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After more than a year of discussion and anticipation, the Employment Rights Bill has officially become law, receiving Royal Assent on 18 December 2025. The Act marks a significant shift in employment law, introducing the biggest changes in employment law and practices for over a decade. The changes will impact HR practices across organisations.

With the first measures set to be implemented in April 2026, it’s important that employers proactively prepare for the changes to ensure compliance and adapt workplace policies accordingly. To help you prepare, we outline the summary changes in order of implementation.

Family leave enhancements (April 2026)

Family leave rights are significantly expanded:

  • Day-one rights to unpaid parental leave and paternity leave.
  • Bereavement leave extended to include pregnancy loss before 24 weeks.

Actions:

  • Update family leave policies to incorporate new statutory entitlements.
  • Educate managers on supporting employees during bereavement and pregnancy loss.
  • Create clear communication materials to ensure employees understand their rights.

Statutory sick pay changes (April 2026)

The Act simplifies statutory sick pay (SSP) entitlements:

  • SSP will be payable from day one of sickness absence, removing waiting days.
  • All employees, regardless of income, will be entitled to SSP.

Actions:

  • Review sickness absence policies and payroll systems to accommodate SSP changes.
  • Communicate the new entitlements to employees and managers.
  • Monitor sickness absence trends to manage potential increases in costs.

Trade union access and recognition (April and October 2026)

The Act simplifies union recognition processes and strengthens trade union rights:

  • From April 2026: Establishment of the new Fair Work Agency and simplified trade union recognition process.
  • From October 2026: Further trade union rights, including strengthened access rights for independent trade unions.

Actions:

  • Integrate trade union rights into onboarding and HR communications.
  • Establish protocols for handling union access requests.
  • Ensure compliance with new recognition requirements and maintain accurate records.

Workplace harassment protections (October 2026)

Employers will face new duties to prevent workplace and third-party harassment:

  • A legal duty to take all reasonable steps to prevent harassment.
  • Liability arises if harassment occurs due to insufficient preventative measures.

Actions:

  • Conduct workplace risk assessments to identify potential harassment risks.
  • Develop robust anti-harassment policies and reporting mechanisms.
  • Train staff and managers on recognising, preventing, and addressing harassment.

Fire and re-hire restrictions (October 2026)

The Act introduces new protections against fire-and-rehire practices:

  • Certain variations to employment terms will be restricted.
  • Dismissals linked to restricted variations will be automatically unfair.

HR Actions:

  • Audit employment contracts for variation clauses and assess their compliance.
  • Train managers on alternative approaches to renegotiating terms.
  • Develop consultation processes to manage changes collaboratively with employees.

Unfair dismissal protections (January 2027)

Perhaps the most anticipated and debated change being introduced, the Act introduces enhanced unfair dismissal protections, including:

  • A six-month qualifying period for unfair dismissal claims, replacing the current two-year threshold.
  • Removal of the statutory cap on compensatory awards, allowing higher payouts for unfair dismissal claims.

Actions:

  • Review probationary period processes to align with the new six-month qualifying period and provide sufficient opportunity to review new recruits in a timely manner.
  • Train managers on fair dismissal procedures to mitigate risks of costly claims.
  • Update recruitment and onboarding practices to ensure clear documentation and fair treatment during probation.

Zero-hours contracts and guaranteed hours offers (2027)

The Act imposes stricter regulations on zero-hours contracts:

  • Employers must offer guaranteed hours to qualifying workers based on average hours worked during a reference period.
  • Workers will have rights to reasonable notice of shifts and compensation for late changes or cancellations.

Actions:

  • Audit current zero-hours and agency worker arrangements to identify qualifying workers.
  • Develop internal protocols for offering guaranteed hours and managing shift changes.
  • Ensure compliance with notification and compensation requirements, while minimising administrative burdens.

Flexible working (2027)

The Act strengthens employees’ rights to request flexible working:

  • Requests must be granted unless refusal is reasonable and based on statutory grounds.
  • Consultation with employees before rejecting a request becomes mandatory.

HR Actions:

  • Review and update flexible working policies to reflect stricter requirements.
  • Train managers on handling flexible working requests sensitively and fairly.
  • Implement clear procedures for consultations, appeals, and record-keeping.

Equality Action Plans (2027)

  • Large employers will be required to publish equality action plans.
  • Plans must address prescribed gender equality matters, such as reducing the gender pay gap and supporting employees through menopause.

Actions:

  • Begin developing an equality action plan, even before regulations are finalised.
  • Gather relevant data on gender equality metrics and identify areas for improvement.
  • Ensure senior leadership is engaged in driving gender equality initiatives.

Annual leave records (2027)

  • Employers will be required to keep records of workers’ annual leave for six years.
  • Non-compliance will result in fines.

Actions:

  • Implement systems to track and retain annual leave records securely.
  • Audit existing records to ensure compliance with the six-year retention requirement.
  • Train HR teams on record-keeping best practices.

The Employment Rights Act introduces a wide range of changes that will reshape employment practices across sectors. By acting now to review policies, train staff, and implement necessary systems, you can ensure compliance and support employees effectively during this transition. While the Act presents challenges, it also offers opportunities to foster a fairer and more inclusive workplace.

You can track the progress of the Act and the regulations accompanying it Employment Rights Act tracker.

If you would like any further information on the Act or to discuss support in getting ready for the changes the Act will bring in, contact Lisa Reynolds in our team on 07771316123.