This week, Sam provides an overview of the Employment Rights Act, including the Government’s recent changes to the proposed timeline. From updates coming into effect this April through to January 2027, we break down what’s changing and when - so you know exactly what to expect and how to prepare.

Key Changes:

6th April 2026

• Statutory Sick Pay (SSP) -Removal of Lower Earning Limit and the 3 unpaid ‘waiting days’, SSP paid from day one.
• Paternity & Parental Leave - Paternity leave and unpaid parental leave becomes a day one right.
• Collective Redundancies - Maximum protective award increasing from 90 to 180 days’ pay per affected employee.
• Bereaved Partners’ Paternity Leave - (non-MWP measure) will enable bereaved fathers and partners to take up to 52 weeks of paternity leave if the mother or primary adopter dies within the first year of the child’s life.

October 2026

• Preventing Sexual Harassment - Employers must take all reasonable steps to prevent harassment (not just ‘reasonable’).
• Third-Party Harassment - Employers will be liable for harassment by third parties unless they can show they took reasonable steps to prevent it.
• Tribunal Time Limits - The time limit for bringing Employment Tribunal claims will double from 3 months to 6 months.

January 2027

• Unfair Dismissal Rights - Amendment of the qualifying period from 2 years to 6 months and the compensation cap will be removed.
• Fire & Rehire - Dismissal automatically unfair where linked to restricted variations (e.g. pay/hours/pensions).
• Action Plans of Gender Equality.
• Enhanced dismissal protection for pregnant workers.
• Further regulation of umbrella companies.
• Collective redundancy change in the collective consultation threshold.
• Further guidance on flexible working.
• Right to guaranteed hours.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠01:17) April 2026 Changes

(⁠⁠02:07) October 2026 Changes

(⁠⁠03:10) January 2027 Changes

In this episode, Nils explains the role of the defence case statement in criminal litigation, outlining its key purpose and why precision in drafting is so important. Sam explores a recent Employment Tribunal decision involving direct discrimination against male police officers, and discusses how organisations can promote inclusion through positive action without creating legal risk.

Key Takeaways:

• The defence case statement in criminal litigation outlines the defendant's strategy and requests for evidence.
• A well-measured defence is more effective than a broad one.
• Recent ET case found male officers were unlawfully discriminated against when removed to rebalance gender representation.
• Good intentions around diversity do not justify decisions based on protected characteristics.
• Risk that employers may retreat from EDI due to fear of claims, as employee rights awareness increases.
• EDI policies remain important and can evidence reasonable steps to prevent discrimination.
• Employers should avoid positive discrimination, carry out impact assessments, and document objective, consistent decision-making.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠01:07) What's in Your Inbox?

(⁠⁠01:18) The Defence Case Statement in Criminal Litigation

(⁠⁠06:52) EDI in Practice: Promoting Inclusion Without Creating Legal Risk

(13:40) Out the Office!

Welcome back to the first episode of The Legal Alternative in 2026! Sam & Nils debate the government's decision to drop the mandatory digital ID scheme to work in the UK. They also discuss a case involving misgendering and disability discrimination, highlighting the challenges of competing characteristics.

Key Takeaways:

• The government has dropped the mandatory digital ID scheme to work in the UK.
• Digital ID was seen as a tool to deter illegal working.
• The tribunal found in favour of the claimant in the misgendering case.
• While this case does not diminish the need to protect transgender employees from harassment, it highlights the importance of employers taking a balanced, evidence-based approach to ensure their responses are both reasonable and proportionate.
• If a disability is raised as a possible explanation, it should be genuinely investigated, documented and reflected in the outcome, with appropriate use of occupational health or other external resources where appropriate.
• Less discriminatory alternatives (e.g. mediation or reasonable adjustments) should be considered before disciplinary action.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠00:42) What's in Your Inbox?

(⁠⁠01:10) Government Drops Plans for Mandatory Digital ID to Work in UK

(⁠⁠03:55) Employee Who Misgendered Transgender Colleague Wins Disability Claim

(12:27) Out the Office!

In the final episode before Christmas, Sam & Nils discuss the proposed move to limit jury trials to only the most serious crimes and what that could mean for the justice system. They also explore the latest update to the Employment Rights Act, which removes Day One rights for unfair dismissal claims and introduces a new qualifying period of 6 months.

Key Takeaways:

• The government is proposing to scrap jury trials for all but the most serious crimes.
• There is a significant backlog in the court system that needs addressing.
• The Employment Rights Act is undergoing changes that will impact unfair dismissal claims.
• The qualifying period for unfair dismissal claims is being reduced from two years to six months.
• This change will have a drastic impact on recruitment and workforce management.
• Chronic underfunding is a major issue affecting the legal system.
• The workload in magistrates' courts is expected to increase significantly.
• The proposed changes may simplify the tribunal process but could also lead to an increase in claims.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠00:38) What's in Your Inbox?

(⁠⁠00:41) The Future of Jury Trials in the UK

(⁠⁠05:43) Employment Rights Update: Day One Rights for Unfair Dismissal Scrapped

(12:54) Out the Office!

In this episode, Sam & Nils discuss what you should do if the HSE (Health & Safety Executive) investigates or prosecutes you, and also a Wetherspoons dismissal case which highlights the significance of the appeal process in disciplinary actions.

Key Takeaways:

• Health & Safety Executive (HSE) prosecutions have a very high success rate.
• Seek immediate legal advice when facing a health & safety investigation.
• Companies should fix the issue immediately and improve safety procedures as part of mitigation.
• Courts assess company finances in detail when setting fines, not just headline accounts.
• Community and charitable work can be relevant in reducing financial penalties.
• Mr Davis v Wetherspoons ('Halloumi Fries' case) - employee dismissed for incorrect use of staff discount on takeaway food.
• Appeal officer changed the reasoning for dismissal, shifting it from dishonesty to poor management.
• Tribunal ruled unfair dismissal due to failure to meet the gross misconduct threshold.
• Appeals must review, not replace, the original disciplinary decision.
• Gross misconduct requires a high threshold, usually involving deliberate wrongdoing.
• Poorly handled appeals can expose employers to unfair dismissal claims.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠00:34) What's in Your Inbox?

(⁠⁠00:51) What Should You Do If the HSE Investigates or Prosecutes You?

(⁠⁠04:52) The Importance of Appeals: Wetherspoons Dismissal Case

Sam & Nils are back this week discussing recent changes in Immigration Law, regarding the GIG economy and entry clearance vignettes. They also discuss a significant disability harassment case involving a teacher on a fixed term contract, highlighting the implications of comments made during meetings and the importance of proper contract management.

Key Takeaways:

• The government is consulting on extending right to work checks to the gig economy.
• Entry clearance vignettes may no longer be issued for applicants or dependents.
• The Employment Rights Act has faced delays in the House of Lords.
• Disability harassment cases can arise from seemingly minor comments.
• Compensation can be substantial even for short-term employees.
• Fixed-term contracts require careful consideration before non-renewal.
• Employers must be cautious with comments made about employee absences.
• The case highlights the importance of understanding disability discrimination laws.
• Proper processes must be followed when terminating fixed-term contracts.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠00:21) What's in Your Inbox?

(⁠⁠00:37) Immigration Law: Changes to GIG Economy & Entry Clearance Vignettes

(⁠⁠03:29) Quick Update on the Employment Rights Act

(04:50) Disability Discrimination Case: Teacher on Fixed-Term Contract

(⁠⁠10:35) Out the Office!

This week, Sam & Nils discuss ongoing changes to UK immigration law, focusing on the latest Statement of Changes issued on 14th October and related government announcements. Prompted by a recent speech by Master of the Rolls, Sir Geoffrey Vos, on the potential use of AI in the judiciary, Sam discusses implications for access to justice and decision-making.

Key Takeaways:

• Palestine is now recognised in the visa national list.
• From 8th January, Skilled Worker visa applicants must have B2 level English (up from B1). Existing visa holders can continue on B1 when extending.
• High Potential Individual route expanded - eligible institutions doubled but 8,000 annual cap introduced.
• Graduate visas are reduced to 18 months (was 2 years), PhD graduates keep 3-year term.
• Immigration Skills Charge is rising by about 32% from 16th December - Small firms: £480 for first 12 months, £240 each 6 months after. Large firms: £1,320 for first 12 months, £660 each 6 months after.
• Discussion of AI in the judiciary, Vos highlighted 3 concerns - judicial decisions are last resort, AI lacks empathy and AI is limited by its data.
• AI can be used as a support tool (e.g. assessing damages), not a replacement for judges.
• Employment tribunals under severe capacity strain - AI might help speed processes but shouldn’t replace human judgment.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠00:26) What's in Your Inbox?

(⁠⁠00:28) October 2025: UK Immigration Law Changes

(⁠⁠04:25) The Use of AI within the Judiciary & the Role on Employment Law

(⁠⁠11:02) Out the Office!

Sam & Nils are back this week discussing the new Electronic Travel Authorisation (ETA) system for entering the UK, comparing it to the ESTA used for travel to the USA. They also explore the ongoing issues within the UK tribunal system, particularly regarding employment rights and the potential reintroduction of tribunal fees. The discussion highlights the challenges faced by the tribunal system, including delays and access to justice, and considers the implications of any future changes.

Key Takeaways:

The Electronic Travel Authorisation is similar to the ESTA.

Each individual needs their own ETA to travel to the UK.

The ETA application process requires a photo upload.

Tribunal fees were introduced in 2013 and significantly reduced claims.

The tribunal system is currently facing significant delays.

There is a need for investment in the tribunal system to handle more claims.

Access to justice is a major concern with current tribunal delays.

Seminars & Events:

https://www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Contact Us:

BoxHR@chadlaw.co.uk

SamPawson@chadlaw.co.uk

NilsODonoghue@chadlaw.co.uk

LinkedIn: ⁠⁠⁠www.linkedin.com/company/employment-law-chadwick-lawrence-llp/

Chapters:

(⁠⁠00:00⁠⁠) Introduction

(⁠⁠00:31) What's in Your Inbox?

(⁠⁠00:37) Electronic Travel Authorisation Scheme for Entering the UK

(⁠⁠05:16) Employment Rights Bill Update: Potential Reintroduction of Tribunal Fees

(⁠⁠12:45) Out the Office!