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Hello!
Hello!
Welcome to the March 2026 edition of InView
Welcome to the March 2026 edition of InView
In this month’s InView, we look at the implementation timetable for the Employment Rights Act. While some dates have shifted slightly, wide-ranging reforms on dismissal, sickness, trade union rights and harassment remain firmly on track over the next 18–24 months.
With tribunal awards for collective redundancy failures set to double from April 2026, the cost of getting consultation wrong is rising. For HR teams managing restructures, understanding when the duty to consult applies, and how far it extends is critical.
We also examine how Acas Early Conciliation, now the standard gateway to most employment tribunal claims, can be used strategically to achieve early, controlled resolutions and avoid costly litigation.
Finally, we highlight key case law developments.
Until next month, Jen
With tribunal awards for collective redundancy failures set to double from April 2026, the cost of getting consultation wrong is rising. For HR teams managing restructures, understanding when the duty to consult applies, and how far it extends is critical.
We also examine how Acas Early Conciliation, now the standard gateway to most employment tribunal claims, can be used strategically to achieve early, controlled resolutions and avoid costly litigation.
Finally, we highlight key case law developments.
Until next month, Jen
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New Case Law
New Case Law
Getting the decision right: the importance of considering each allegation separately when dismissing for gross misconduct
When dismissing for gross misconduct, clarity matters. A recent EAT decision shows why employers must consider each allegation separately because if part of the reasoning falls away, the entire dismissal can unravel.
Clause in collective agreement requiring Medical Director to act as case manager was incorporated into individual’s contract of employment
Collective agreements are not usually contractually binding on individual employees. However, a recent Court of Appeal decision shows that, in some circumstances, specific provisions can become contractually enforceable with real consequences for how disciplinary processes are handled.
Why the Appeal stage matters: Lessons from Milrine v DHL
The appeal stage is not a formality. A recent Employment Appeal Tribunal decision shows how even a well-founded dismissal can be rendered unfair if the appeal process is mishandled or allowed to drift.
Managing controversial beliefs at work: What HR can learn from Ngole v Touchstone Leeds
When employees express controversial beliefs, employers can face difficult decisions. A recent EAT ruling reinforces the fine but critical distinction between holding a protected belief and expressing it in a way that may justify employer intervention.
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Upcoming Legal Changes
Upcoming Legal Changes
Employment Rights Act 2025: Government largely sticks to implementation timetable
The Government has confirmed it is largely sticking to its Employment Rights Act 2025 implementation timetable. While some dates have shifted slightly, wide-ranging reforms across dismissal, sickness, trade union rights and harassment remain firmly on track over the next 18–24 months.
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HR Practice & Process
HR Practice & Process
Key facts about collective redundancy consultation
With tribunal awards for collective redundancy failures set to double from April 2026, the cost of getting consultation wrong has never been higher. Understanding when the duty applies and how wide it really is, is critical for HR teams navigating restructures.
DPIAs and automated decision-making: Navigating the high-risk end of employee monitoring
DPIAs and automated decision-making: Navigating the high-risk end of employee monitoring
As monitoring tools become more sophisticated, so do the legal risks. From biometric systems to AI-driven performance tools, employers operating at the high-risk end of monitoring must ensure robust DPIAs are in place and avoid relying on purely automated decisions that could breach UK GDPR.
Acas Early Conciliation – A Practical Guide for Employers
Acas Early Conciliation is now a standard gateway to most employment tribunal claims. For employers, understanding how the process works and how to use it strategically can mean the difference between an early, controlled resolution and costly litigation.
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Events & Training
Events & Training
Probation Periods | preparing for six-month unfair dismissal protection
Probation Periods | preparing for six-month unfair dismissal protection
This free 60-minute webinar will help you make sure your probation processes are strong, compliant, and ready before the law changes.
Effective Probations and New Unfair Dismissal Rights
Effective Probations and New Unfair Dismissal Rights
Our fact sheet will help provide a clear understanding of what's changing, how employers can avoid the legal pitfalls that may arise during probation and how they can prepare for the ERA.
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