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Hello!

Welcome to the November edition of InView

By now, HR teams were hoping to see the Employment Rights Act 2025 officially on the statute books. While some provisions are still under debate, it’s the perfect time to prepare for the changes ahead.

From Trade Union reforms to Family-Friendly provisions, we explore what these developments mean for HR.

We also share practical insights on preparing for trade union reforms, providing a clear overview of what’s coming, when, and the steps you can take to navigate new laws smoothly and confidently.

Finally, we examine the case of Ogumodede v Churchill Contract Services, what happens when an employee secretly holds two roles for the same employer?

Read on to find out more.
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New Case Law 

Accent discrimination at work: What the law does – and doesn’t – cover

Can the way someone speaks be a basis for to discrimination? Two recent tribunal cases show that comments about a worker’s accent can cross into unlawful territory where it’s tied to race or national origin.
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Whistleblowing dismissal vs detriment: The limits of the Jhuti principle 

A new EAT decision has clarified how far the Jhuti principle really goes in whistleblowing law. While employers can still be liable where decision-makers are manipulated by others, Henderson v GCRM Ltd confirms that this doesn’t extend to detriment claims drawing a clear line between employer and individual liability.
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Staying in Lane: HR’s role in disciplinary decision-making

Where does HR’s influence end and the decision-maker’s independence begin? Two recent cases serve as a reminder that while HR guidance is vital in disciplinary processes, stepping too far into the decision-maker’s lane can quickly tip a fair process into unfair territory.
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Holiday pay, normal pay and the treatment of tips

Holiday pay continues to keep employers on their toes especially when it comes to what counts as “normal pay.” A recent case involving restaurant tips has highlighted an unexpected grey area, serving as a reminder for employers across all sectors to ensure they are accurately calculating holiday pay for all forms of variable earnings.
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‘Pulling the wool’: the perils of using substitution clauses which lack substance

Getting employment status right remains one of the biggest challenges for employers relying on self-employed contractors. A new case has shown that even the best-drafted substitution clause won’t protect you if, in practice, it’s all smoke and mirrors.
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Employee who worked two jobs for the same employer was fairly dismissed from one of them

What happens when an employee secretly holds two roles, both for the same employer? A recent tribunal decision shows how overlapping jobs and excessive working hours can land both parties in legally tricky territory, especially where working time limits are breached. 
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Upcoming Legal Changes

Employment Rights Bill enters the ‘ping pong’ phase

The Employment Rights Bill has hit a stand-off in Parliament, with the House of Lords pushing back on key reforms -from day-one unfair dismissal to zero-hours protections. Here we outline what’s holding it up and what HR should do while the Bill bounces between the Commons and Lords.
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Employment Rights Bill: Government consults on family-friendly changes

Two new consultations aim to strengthen family-friendly rights expanding maternity protection and introducing statutory bereavement leave, including for pregnancy loss. We look at what’s on the table and how employers can prepare before the rules take shape. 
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Employment Rights Bill: Government consults on trade union changes

The government is consulting on new rules that could make trade-union access and communication rights a statutory duty for all employers. Here’s what’s being proposed and why it matters for how HR manages workplace voice and engagement.
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Events & Training

Preventing HR Headaches at your Work Christmas Party

The festive season is fast approaching, which can only mean one thing: the work Christmas party. 

From alcohol-fuelled behaviour to harassment claims and post-party absence issues, even the most well-intentioned events can leave organisations exposed to serious legal and reputational risks.

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Watch on demand >
Redundancy – How to Enable a Smooth Running Process Redundancy – How to Enable a Smooth Running Process

Employee Relations Training

Our employee relations training is always practical, participative and bespoke. We use tools and techniques that managers will remember, and can use in their role the very next day.
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Guide to Getting Ready for Trade Union Reforms

With several changes for employers and HR professionals to digest, here’s a simple overview of what’s coming, when, and the steps you can take to navigate new laws smoothly and confidently.
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