Tag Archive for: Employment

Managing probation periods effectively

Home | Employment

Probation periods are a crucial element of the employment lifecycle – they can help identify strengths, address weaknesses, and ultimately determine whether the recruitment decision was successful.

But let’s be honest, for many organisations probation periods just aren’t a high priority, however the forthcoming changes in legislation have brought that all sharply into focus with the reduction to unfair dismissal qualifying periods.

So now, more than ever, it will be essential that organisations plan and conduct probation periods effectively for operational success, employee engagement and to mitigate risks.

Why are probation periods important?

Probation periods provide a structured framework for assessing a new employee’s suitability for their role. They allow organisations to identify performance issues early and address them proactively; set clear expectations for conduct and output; and offer tailored support and training to help new starters succeed.

Shift in legal landscape

The Employment Rights Act (ERA) 2025 introduces significant changes to unfair dismissal qualifying periods. The qualifying period for ordinary unfair dismissal claims will be reduced from two years to six months from January 2027.

The ERA also introduces the removal of the compensation cap for unfair dismissal which could potentially lead to significantly higher awards for unfair dismissal claims.

All of this means it is more important than ever to ensure you employ the right people from the outset and have a robust process in place to track performance of new recruits and identify and manage issues early.

Although January 2027 may seem a long way off, the effect is already happening as qualifying periods are currently tapering. Those new recruits you onboarded in April 2026, have a 9-month qualifying period and any new starters from July 2026 will have a six-month qualifying period. It’s not just permanent hires; the changes also affect fixed-term contracts.

Why does it matter how you manage probation?

So that’s the legal changes, but does it really matter how you manage the probation period internally? Yes! The impact of failed probation periods can be significant – financial losses, operational disruption, and team instability are common consequences of unsuccessful recruitment. According to a study by NatWest, UK SMEs with 250 employees report average losses of £125,347 per year due to failed recruitment outcomes. Turnover data highlights that 39% of new employees leave within six months, which means first impressions count and a structured approach to managing probation signals to your new employee that your organisation is professional, supportive, and performance focused.

Practical tips for managing probation periods

Managing probation periods is not rocket science but it does take planning and commitment of time and energy. Before we look at some practical tips once your new starter has joined, let’s consider what needs to be in place beforehand:

Job description – this should be the backbone of your recruitment campaign. Don’t just rehash the job description of the previous incumbent – take the time to think about whether the role has evolved or needs to adapt to changing business needs, consider what do you want it to deliver?

Induction – this should be planned in advance of your new recruit’s first day. Imagine how great it feels when you join a new organisation, to find that your line manager has put together a detailed induction to ensure you can be a success in your role. And equally how disappointing it must feel to arrive on your first day and find that no one was expecting you or has even ordered your laptop!

Once your new starter has arrived, there are some simple tips to ensure a successfully managed probation period:

  • Timetable regular check-ins to allow for timely feedback and support.
  • Set clear objectives: Be clear about what success looks like in terms of training, conduct, and output.
  • Raise performance concerns early to help employees improve and reduce the risk of disputes.
  • Document records of meetings, feedback, and action plans.
  • Offer training, mentoring, or reasonable adjustments to support any performance gaps
  • Make a formal decision – pass, extend or end – in good time and based on clear, objective documented evidence.

Support your line managers

Make sure to support your line managers in managing probation periods effectively. Give them the right training – some managers may not have recruited before so make sure they are clear on key dates for the probation and how to handle it successfully. Give them the tools to do it well – checklists and guidelines to ensure consistency. Provide ongoing support for performance concerns, particularly if there’s a need to extend the probation period.

It’s always been important to manage probation periods effectively, but the changes introduced by the ERA make that more important than ever. Done well, probation periods can foster successful employment relationships and mitigate risks.

For further information on this topic or discuss any other HR concern, please contact Sue Meehan Boyes in our team on 07384 468797.

4 simple steps to support mental health at work

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Mental Health Awareness Week took place earlier in May and it’s the perfect time for organisations to take a closer look at how they’re supporting employee wellbeing.

If we’re honest, we all know that mental health impacts everything. From how engaged your staff are, to how well they perform, and even how often they’re off sick. Ignoring it can lead to burnout, higher turnover, and lower morale. But when you prioritise mental health, you create a workplace where people feel valued, supported, and ready to give their best. Below are four ways to support mental health at work.

1: Start the conversation

Talking about mental health doesn’t have to be awkward. In fact, opening up the conversation is one of the best ways to show staff you care. Encourage managers to check in with their teams and offer a listening ear. If you’re a leader, share your own experiences (if you’re comfortable) to show it’s okay to talk about mental health. You could even introduce mental health champions or peer supporters to make resources feel more accessible.

2: Make sure policies support the culture

Take a moment to review your workplace policies. Are they really supporting mental health? Things like flexible working, clear processes for managing mental health-related absences, and easy access to Employee Assistance Programmes (EAPs) can make a huge difference. And don’t forget to regularly remind your team what’s available – they might have forgotten what support is available.

3: Get ahead with preventative steps

I expect you know the saying that prevention is always better than cure. Offering mental health training, wellbeing workshops, or mindfulness sessions can help your staff build resilience. You could also use employee surveys to identify stress hotspots and tackle them before they become bigger issues. Little things like recognising achievements and encouraging social connections can also go a long way in boosting morale.

4: Leadership sets the tone

The key point is mental health initiatives aren’t just for HR teams as leaders will set the tone for your organisation. By showing empathy, encouraging open conversations, and weaving mental health into the workplace culture, you’ll help create an environment where everyone can thrive.

Investing in mental health benefits both employees and organisations, fostering a positive culture, improving productivity, and reducing absenteeism.

If you would like to discuss how we can support your organisation with mental health initiatives, please contact Claire Parr in our team on 07384 468797.

April 2026 changes under the Employment Rights Act 2025 – what have I missed?

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On 6 April 2026, the Employment Rights Act (ERA) 2025 introduced sweeping changes to employment law, affecting statutory payments, family leave, union recognition, and more. These changes are designed to enhance employee rights and streamline processes for employers. Understanding and implementing these updates is crucial to ensure compliance and maintain a supportive workplace environment.

Here’s a practical summary of the key changes, along with actionable insights for your organisation.

1. Statutory Sick Pay (SSP) – “Day one” rights

The new rules around SSP represent a significant shift:

  • No waiting days: SSP is now payable from the first day of sickness absence, eliminating the previous three-day waiting period.
  • No earnings threshold: The lower earnings limit has been removed, meaning nearly all employees qualify for SSP, regardless of their income level.
  • New calculation method: SSP is now paid at the lower of a fixed weekly rate or a percentage of average weekly earnings (AWE).

Action points:

  • Update payroll systems to ensure SSP is calculated from day one.
  • Review and amend sickness absence policies to reflect these changes.
  • Train managers to understand the updated SSP rules, particularly for new starters or low-income employees.

2. Paternity leave – Expanded access

Paternity leave has undergone significant changes to increase accessibility:

  • Day-one eligibility: Employees no longer need 26 weeks of continuous service to qualify for paternity leave.
  • Temporary notice period reduction: For due dates between 5 April 2026 and 25 July 2026, employees can give 28 days’ notice instead of the usual timeframe.
  • Integration with shared parental leave: Employees can now take paternity leave following a period of shared parental leave.

Important note: The 26-week qualifying period for statutory paternity pay remains unchanged.

Action points:

  • Update your family leave policies to reflect the new day-one eligibility for paternity leave.
  • Ensure managers are aware of the temporary notice period reduction and the integration with shared parental leave.

3. Bereaved partner’s paternity leave

A new right introduced under the Act allows bereaved partners to take up to 52 weeks of unpaid leave if the mother or primary adopter dies within the first year of the child’s life or adoption.

Action points:

  • Incorporate this new leave entitlement into your family leave policies.
  • Provide training for managers to sensitively handle bereavement-related leave requests.

4. Unpaid parental leave – Day-one right

The one-year service requirement for unpaid parental leave has been removed, making it a day-one right for all employees.

Action points:

  • Update policies to reflect this change.
  • Brief managers on the importance of supporting new employees who may need to take unpaid parental leave.

5. Trade union recognition

The process for trade union recognition has been simplified:

  • Simpler majority rule: A union now only needs a simple majority of votes cast to be recognised, removing the requirement for a majority of the entire workforce to vote in favour.
  • Lower application thresholds: The criteria for unions to apply for recognition have been reduced.

Action points:

  • Review current union recognition processes and prepare for potential changes in union activity.
  • Train HR staff and managers on the updated rules to ensure smooth handling of union-related matters.

Other key changes

Whistleblowing protection:

Disclosures related to sexual harassment now have full whistleblowing protection, allowing employees to report misconduct without fear of retaliation.

Collective redundancy:

The maximum “protective award” for failing to consult on collective redundancies has doubled to 180 days’ pay per employee.

Fair Work Agency (FWA):

A new enforcement body, the Fair Work Agency, has been established to oversee employment rights compliance.

Holiday pay records:

Employers must now keep detailed records of holiday pay and entitlement for six years, ensuring transparency and compliance.

Action points:

  • Implement processes to maintain holiday pay records for the required six-year period.
  • Train managers on whistleblowing protections, particularly concerning sexual harassment.
  • Familiarise your organisation with the role of the Fair Work Agency and its enforcement powers.

If you would like support to make these changes to your policies or to discuss the implications of these changes for your organisation, please contact Lisa Reynolds in our team on on 07771 316 123.

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.

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