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Hello!

Welcome to the June 2026 edition of InView

In this month’s InView, we cover a number of important updates, including the revised guidance on single sex spaces, clarify a number of nuanced HR challenges such as implied terms in written contracts and the limits of protected conversations under Section 111A of the Employment Rights Act 1996, and look ahead to the government’s consultation on the use of non-disclosure agreements on 8 July.

And finally… ESP Solicitors Partners, Neil Guss and Tim Cross, recently hosted a practical 60-minute webinar exploring the impact of upcoming trade union reforms, 'Unionised or Not | How the Employment Rights Act 2025 will affect your organisation'.
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Until next month,
Jen

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New Case Law 

 Section 111A ERA 1996: exploring the limits of protected conversations ​​​​​​​ 

 Section 111A allows employers to have protected settlement discussions, but recent EAT  case  is a helpful reminder that the protection is neither absolute nor universally applicable across all employment claims.​​​​​​​ 
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Post-employment victimisation: the legal framework HR professionals need to know 

An employee's departure does not bring discrimination risks to an end. Post-employment victimisation claims can arise from references, communications and other actions closely connected to the former employment relationship.
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Tesco Stores v Element: Defining "Work" and reshaping the evidential landscape in Equal Value claims 

The Court of Appeal has clarified how tribunals should assess “work” in equal value claims, confirming that training materials and documented role requirements may carry greater evidential weight than witness recollections of day-to-day duties.
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HR Practice & Process

Implied terms by fact and by law: What HR needs to know

Employment contracts do not consist solely of their written terms. Important obligations may be implied either because they are necessary to make the contract work or because the law automatically requires them.
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Flexible working refusals: statutory compliance is necessary but not sufficient to eliminate legal risk 

A compliant flexible working process may reduce risk, but it will not necessarily prevent wider claims. Employers should assess discrimination and reasonable adjustment issues alongside the statutory request itself.
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When Employees Go Missing…  

A new workplace buzz phrase has emerged, with employees reportedly taking ‘bathroom breaks for peace’ when feeling overwhelmed. While the trend may attract headlines, it raises broader questions about workplace wellbeing and employee burnout.
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Upcoming Legal Changes

EHRC publishes revised guidance on single-sex spaces - but employers are still waiting 

The EHRC has updated its Code of Practice following the Supreme Court’s decision in For Women Scotland, but employers are still waiting for specific guidance on workplace single-sex facilities.
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AMAP rate revision 2026: compliance obligations, tax treatment and employer considerations

After remaining unchanged for 14 years, the AMAP rate has increased to 55p per mile from April 2026, creating important payroll, policy and reimbursement considerations for employers.
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Holiday Pay: The Fair Work Agency’s Biggest HR risk area? 

The Fair Work Agency is expected to gain holiday pay enforcement powers from 2027, increasing the importance of accurate calculations, robust record-keeping and proactive compliance reviews.
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Breaking the silence: Government consults on NDA safeguards

The Government is consulting on new safeguards for NDAs in harassment and discrimination cases, with proposals that could significantly restrict the use of confidentiality provisions in workplace settlements.
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Events & Training

Trade union Trade union

Unionised or Not | How the Employment Rights Act 2025 will affect your organisation

Tuesday, 14 July
9.30 am - 10.30 am
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Employers often assume that trade union reforms only matter if you already recognise a union. The Employment Rights Act 2025 changes that.

Join employment law experts Tim Cross and Neil Guss, as they explore the practical implications of the new trade union reforms and explain the steps employers should be taking now to prepare.

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On demand webinar

AI in the workplace | fundamental change to employment and employment rights?

From bias in decision-making and employee relations disputes, to workforce restructuring, training obligations, and governance concerns, employers must ensure AI is being used responsibly, fairly, and compliantly across the workplace.

In this session, Colin Henney, Associate Director at ESP Solicitors explores the growing impact of AI on employment law, HR strategy and workforce management.
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Watch on demand >
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