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Hello!
Hello!
Welcome to the February 2026 edition of InView
Welcome to the February 2026 edition of InView
In this month’s InView, we take a closer look at the upcoming changes to the Employment Rights Act (ERA), with several key reforms taking effect at the same time.
With the first wave of Employment Rights Act 2025 reforms landing in February 2026, including significant changes to trade union law, now is the time for HR teams to review, tighten and future-proof their policies and processes.
We also explore the latest case law developments and what they mean in practice, alongside a spotlight on HR procedures that are coming under increasing scrutiny. Including poor performance dismissals and how to ensure these are handled fairly, consistently and in line with best practice.
As always, our aim is to help you stay informed, prepared and ahead of change.
Until next month, Jen
With the first wave of Employment Rights Act 2025 reforms landing in February 2026, including significant changes to trade union law, now is the time for HR teams to review, tighten and future-proof their policies and processes.
We also explore the latest case law developments and what they mean in practice, alongside a spotlight on HR procedures that are coming under increasing scrutiny. Including poor performance dismissals and how to ensure these are handled fairly, consistently and in line with best practice.
As always, our aim is to help you stay informed, prepared and ahead of change.
Until next month, Jen
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Upcoming Legal Changes
Upcoming Legal Changes
Employment Rights Act 2025 – what do employers need to be doing now to prepare for April?
April 6th marks the first major “go-live” moment for the Employment Rights Act 2025. In a piece of legislation running at 289 pages, it is all too easy to get bogged down in the detail. Several changes land at once, and they’re the kind that can trip employers up if policies, payroll and manager understanding aren’t aligned. Here’s what HR should be tightening up now, before the new rules start biting.
Bereaved Partner’s Paternity Leave Regulations 2026
Bereaved Partner’s Paternity Leave Regulations 2026
From April 2026, a new statutory right to Bereaved Partner’s Paternity Leave will provide eligible employees with up to 52 weeks’ unpaid leave where a child’s primary carer dies. The change introduces new notice rules, employment protections and policy considerations that employers should prepare for ahead of implementation.
Employment Rights Act 2025 – Trade union changes
Employment Rights Act 2025 – Trade union changes
The first Employment Rights Act 2025 reforms arrive in February 2026, introducing significant changes to trade union law. The measures reverse several Trade Union Act 2016 provisions, including reduced strike notice requirements, longer ballot mandates and expanded protections for employees participating in industrial action.
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New Case Law
New Case Law
Trust which allowed a trans woman to use female changing rooms found liable for indirect sex discrimination and harassment on grounds of sex and gender reassignment
A recent tribunal decision highlights the growing legal complexity surrounding single-sex workplace facilities. Employers navigating gender identity policies must now balance competing protected rights carefully, ensuring that inclusion policies are evidence-based, proportionate and legally defensible
Volunteers and Employment Status
Volunteers are often assumed to fall outside employment protection, but status depends on reality rather than labels. A recent Court of Appeal decision highlights how even occasional payments can create worker rights in specific circumstances, offering an important reminder for organisations that rely on volunteer roles.
Tribunal’s conclusion that unfair dismissal compensation should be reduced by 100% because of Claimant’s actions was not supportable on the facts
Reducing unfair dismissal compensation for employee conduct is not automatic, even where behaviour is criticised. A recent EAT decision highlights that tribunals must carefully justify any finding of contributory fault, particularly where the underlying facts do not clearly support misconduct.
Poor treatment does not automatically equate to discriminatory treatment in direct discrimination cases
Unfair or poor treatment in the workplace does not automatically amount to discrimination. A recent Employment Appeal Tribunal decision highlights the importance of the burden-of-proof test in discrimination claims, confirming that employees must first establish facts capable of supporting an inference of discrimination before the employer is required to explain its actions.
Gross Misconduct and the Range of Reasonable Responses
An unusual set of facts does not change the fundamentals of employment law. A recent tribunal decision serves as a reminder that, even in extraordinary misconduct cases, the focus remains on reasonableness, thorough investigation and clear evidence when assessing the fairness of dismissal.
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HR Practice & Process
HR Practice & Process
Monitoring in remote and hybrid workplaces: striking the right balance
Monitoring in remote and hybrid workplaces: striking the right balance
Remote and hybrid working has prompted many employers to introduce monitoring tools, but oversight that may feel routine in the office can become far more intrusive when it enters employees’ homes. Organisations need to balance performance management and security needs with privacy rights, ensuring any monitoring is necessary, proportionate and clearly communicated.
Poor Performance Dismissals – Health, discrimination and senior staff risks
Poor performance dismissals often appear straightforward, but they can quickly become legally complex where health issues, discrimination risks or senior-level expectations are involved. Recent cases highlight the importance of careful process, consistent standards and up-to-date evidence when managing capability concerns.
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Events & Training
Events & Training
Employment Rights Act 2025 - Key changes coming in 2026
Employment Rights Act 2025 - Key changes coming in 2026
An interactive guide outlining the key changes,
Supporting your Muslim employees during Ramadan
Supporting your Muslim employees during Ramadan
As an employer, you should consider how best to support employees observing Ramadan, while ensuring fairness and compliance with equality law.
Managing Redundancy
Managing Redundancy
This workshop will make sense of the legal complexities of managing a redundancy situation.
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