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Hello!

Welcome to the April 2026 edition of InView

In this month’s InView, we cover the new statutory rates for 2026, examine how holiday entitlement is affected when an employee is off sick, and look ahead to new legislation on third-party harassment where the concept of “all reasonable steps” is set to take centre stage.


We explore how a recent tribunal decision highlights even where misconduct is serious, flawed reasoning and reliance on irrelevant evidence can turn a potentially fair dismissal into an unfair one. 


​​​​​​Last month, ESP Solicitors, our sister company brought HR professionals together for a series of in-person sessions focused on preparing for the upcoming Employment Rights Act reforms. Our Employment Law experts shared clear, practical guidance on what the changes mean in reality and how to approach them with confidence.

It was a fantastic opportunity to connect in person, and we’re already looking forward to the next one. 


Until next month,

Jen

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HR Practice & Process

When Is a Right of Appeal Necessary?

The right of appeal is a cornerstone of a fair dismissal process. While there are limited exceptions, recent case law reinforces that omitting an appeal will rarely be justified even outside the strict scope of the Acas Code.
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What happens to holiday entitlement when an employee is off sick? 

Employees continue to accrue holiday while on sick leave, but the rules on carry-over and accrual differ depending on working patterns.
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Choosing and managing companions: rights, risks and practical judgment

Employees do not have a free choice of companion in disciplinary or grievance hearings, but employers must apply the rules carefully and with appropriate flexibility.
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‘All reasonable steps’: about to become a new HR obsession?

The concept of ‘all reasonable steps’ is set to take centre stage as new liability for third-party harassment comes into force later this year.
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Bad Faith Allegations Navigating Victimisation and Whistleblowing Risks

Allegations made due to a mistaken belief rather than bad faith can create significant legal risk, particularly where complaints engage protections under discrimination or whistleblowing law.
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Upcoming Legal Changes

New statutory rates for 2026

April brings the annual update to statutory employment rates, with increases to family leave pay, sick pay, redundancy pay and compensation limits. While the changes are incremental, they have real implications for payroll, budgeting, and compliance.
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National minimum wage changes from 1st April

National minimum wage rates increased from 1 April 2026, alongside continued enforcement through “naming and shaming” and significant financial penalties for non-compliance. Even small payroll errors can carry real cost and reputational risk.
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New Case Law 

Dismissing for gross misconduct: lessons from Langton v Buckinghamshire Fire and Rescue

A recent tribunal decision highlights how even where misconduct is serious, flawed reasoning and reliance on irrelevant evidence can turn a potentially fair dismissal into an unfair one.
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Public interest test in whistleblowing should focus on the employee’s belief – and their belief may be separate and distinct from their motive for disclosure

The Employment Appeal Tribunal has clarified that in whistleblowing claims, the focus is on the employee’s belief that a disclosure is in the public interest not their underlying motive for making it.
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When misconduct isn’t the real issue: lessons from a vaping dismissal

A tribunal decision shows how focusing on the wrong factors and overstretching misconduct can turn a seemingly straightforward dismissal into an unfair one.
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Events & Training

Grievances Grievances

Vexatious Grievances | spotting tactical and malicious claims

Thursday, 21 May
10.00 am - 11.00 am
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Daniel Rawcliffe, Associate at our sister company, ESP Solicitors, is hosting a free 60-minute webinar: You’ll gain practical insights to help you understand, assess, and manage difficult grievances - while minimising legal risk.

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Bereaved Partner’s Paternity Leave Bereaved Partner’s Paternity Leave

Bereaved Partner’s Paternity Leave: What employers need to know

This article outlines the key features of the bereaved partner's paternity entitlement, and the steps employers should have in place.
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Leadership and Manager Training that Packs a Punch

We provide practical, bespoke and relatable employee relations and leadership training for line managers and HR teams.
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