With over a month to go until Christmas and several weeks left at work to power through, many employers will be turning their attention towards the Christmas party!

The office Christmas party should provide staff with the chance to let their hair down with colleagues and build strong working relationships and most companies want to reward their staff for their hard work and dedication during the year. However, a festive combination of high spirits and unlimited alcohol can often result in a headache for those employers (or their HR managers) who are tasked with successfully navigating the minefield of workplace Christmas parties.

No-one wants to be a party pooper after all, but if you are an employer or member of your workplace’s HR department, it pays to be prepared for the festive season. Some key areas to be aware of when you start to plan your approach to the Christmas include:

Behaviour

With the Worker Protection (Amendment of Equality Act 2010) Act 2023 now in force, employers have an increased duty to take reasonable steps to prevent sexual harassment in the workplace, including at work-related social events such as Christmas parties. This means taking proactive measures to educate staff on appropriate behaviour and ensuring a zero-tolerance approach to harassment of any kind. A party atmosphere combined with alcohol can sometimes blur boundaries, so it’s vital to remind employees that your policies apply wherever work events take place.

Taking the time to remind staff that the Christmas party still constitutes a work-related event and that, as such, the company will therefore be held responsible for any disruptive actions, can help to set the tone of expectations from the start.

It should be made clear that any breach of your usual standards of conduct could result in an employee facing formal disciplinary procedures or further action depending on the nature of their behaviour.

Alcohol

Most firms are eager to repay hardworking employees with a generous or even free bar allowance at the Christmas party, but with free alcohol being named as a pivotal factor in tribunal claims brought against companies by their employees, it would be wise to exercise a note of caution.

If you are keen to provide a free bar, ensure that you also provide a range of soft drinks that all employees can access and try to roughly monitor the level of alcohol consumption as the night draws on. Issuing free drinks tokens, with a set number available to each attendee, can also help you to try to keep alcohol consumption under control.

Social media

The growing prevalence of social media means that inappropriate use can be a business issue at any time, but work-related social gatherings can require stricter guidance. Successful management, as with behaviour, comes down to issuing clear guidelines to all staff – if you would rather they didn’t upload photos and videos from the evening to social media, you must explain why, and the potential impact that negative or offensive content could have on the wider business.

Another option that you could consider could be to ask that all employees’ use a specific hashtag when uploading images and footage – that way, you can sense-check what content is being shared and politely ask that people remove anything that isn’t appropriate. Christmas party season can act as a good time to remind people of your business’s social media policy, or to consider drawing one up if you do not already have guidelines in place.

Entertainment

If you have decided to hold your event externally, or you have bought tickets for a themed Christmas party that accommodates other companies, consider the type of entertainment that will be provided on the night. Is the running order of the evening suitable for all staff? Is there something included that everyone will enjoy in some capacity?

For example, a casino-themed evening is likely to have a heavy reliance on gambling for entertainment – great if your employees are up for roulette and blackjack, but it could be seen as isolating for anyone whose religion bans the practice or even for those who may have family members negatively affected by gambling.

Consider your audience carefully when weighing up entertainment options for your Christmas party!

Absence management

This topic rears its head every year, but absences do tend to spike during the Christmas period for many businesses. To try and avoid any unnecessary absences, some companies opt to hold their Christmas party on a Friday – often at extra cost to the business, but this often pays for itself in terms of allowing employees’ two days in which to ‘recover’ before their attendance in the office is again required.

If your party does happen to fall on a weekday, you must make all staff aware of what is expected from them the following day – could you consider a later start in the morning, or perhaps an earlier finish time? Could you consider staggering working hours across teams? Ultimately, if you lay out exactly what you expect from people regarding the following working day, you are far more likely to avoid late night and alcohol-related absences.

Top six tips to ensure a successful Christmas party:

• provide clear guidance on the standard of behaviour expected – ensure that staff understand that the Christmas party is still a professional event
• send reminders advising people to make arrangements for travelling home – could you pre-book taxis from the venue for staff?
• ensure that a range of refreshments, including soft drinks, is provided in order to cater to everyone.
• reiterate guidelines around social media – make staff aware of what they can and cannot post.
• consider inclusivity and discrimination when planning entertainment for the evening.
• make it clear that attendance is not compulsory – respect that people may have religious beliefs or prior plans that mean they cannot commit to attending.

For any advice please email nicola.goodridge@goodhr.co.uk or call +44 7917 878384

UK employment law is on the cusp of major reform – some of the biggest shifts in workplace legislation for over a decade will need to be navigated by employers.

Here are the five headline changes, their expected ‘go live’ dates and the key facts for each.

1. Day-one right to unfair dismissal claims

When: expected in 2027.
What: employees will gain the right to claim unfair dismissal from day one of employment rather than after two years’ continuous service which is currently the case.

Why it matters: this closes the “two-year window” many employers have relied on, putting far greater weight on probation reviews, onboarding, and dismissal processes.

Action points for employers:
• set clear expectations with new hires from day one.
• hold regular check-ins throughout the probationary period (expected to be nine months).
• ensure all performance conversations are documented and shared with the employee.

Action points for HR:
• update contracts and probation policies.
• review onboarding.
• train managers and provide templates for probation reviews.

Some more detail on what we know so far:

Initial period of employment (known as the IPE). The IPE will begin on the first day of employment and will last for six or nine months (it has not yet been decided). The IPE will act as a statutory probation period, meaning it should be more straightforward to terminate employees’ employment during their first few months. During the IPE, the standard of reasonableness for dismissals will be less stringent, allowing employers to carry out a “light touch” dismissal procedure.

“Light touch” procedure. During the initial period of employment, a ‘lighter touch’ dismissal process will be allowed so assessing and dismissing new recruits who are underperforming or unsuitable without going through the full disciplinary or capability procedure will still be allowed.

Employers will need to be diligent during the hiring process and manage wellbeing, performance and conduct issues from the outset.

2. Zero-hours contracts and guaranteed hours

When: planned for 2027.
What:
• after 12 weeks’ continuous work, employers must offer a guaranteed hours contract.
• zero-hours contracts can still exist, but one-sided flexibility will be curbed.
• workers will also gain rights to reasonable notice of shifts and payments for late cancellations.

Why it matters: this limits employers’ ability to rely indefinitely on casual labour and demands better planning.

Action points for employers:
• give team members as much notice of shifts as possible.
• keep communication consistent and fair when allocating hours.
• flag workload patterns early to HR for contract adjustments.

Action points for HR:
• track hours worked to identify when guaranteed hours apply.
• run scenario planning to assess the business impact of contract changes.
• explore time tracking software to stay compliant.

The government isn’t abolishing zero-hours contracts — just the abuse of them. So for businesses that rely heavily on casual staff, the admin burden is huge. Tracking hours and allocating shifts fairly may require new systems or software.

3. Statutory sick pay (SSP) from day one
When: from April 2026.
What:
• SSP will be payable from day one of absence (currently day four).
• the lower earnings threshold is being removed.

Why it matters:
• this widens access and protects vulnerable workers, but costs and absence rates are likely to rise.

Action for employers:
• hold open, supportive sickness conversations.
• conduct return-to-work interviews consistently.
• monitor absence patterns in your team and escalate concerns.

Action for HR:
• update absence management policies and contracts.
• ensure sickness is logged and tracked in a central system.
• train managers on how to handle sickness calls fairly and confidently.

Without the three-day waiting period, short-term absences are likely to increase. Employers should budget for increased SSP costs from April 2026, review sickness absence procedures and ensure managers are adequately trained on managing short-term absence.

4. Stronger protections against harassment and discrimination
When: most provisions expected by October 2026.
What:
• employers must take all reasonable steps (not just “reasonable steps”) to prevent harassment.
• liability will extend to harassment by third parties (clients, customers, contractors).
• restrictions will be placed on using NDAs in harassment or discrimination cases.

Why it matters:
• the bar for compliance has been raised – evidence of proactive prevention is now essential.

Action points for employers:
• model zero tolerance for inappropriate behaviour.
• intervene promptly if issues arise.
• encourage team members to use reporting channels if they feel unsafe.

Action points for HR:
• deliver regular harassment awareness training (not one-offs).
• conduct risk assessments for events, travel, and client sites.
• establish and monitor clear reporting processes.
• keep detailed records of training, reports and actions taken.

Employers must show they took all reasonable steps to prevent harassment – not just some – that is a very high bar. If a complaint is made, what could an employer prove? Training two years ago isn’t enough – it has to be continual and the audit trail is everything.

5. Flexible and hybrid working rights
When: expected in 2027.
What:
• employees already have the right to request flexible working from day one.
• the new law introduces a reasonableness test: not only must the process be fair, but the decision itself must also be reasonable.

Why it matters:
• expect more requests – and more scrutiny if refusals aren’t backed by solid evidence.

Action points for employers:
• consider each request on its merits and avoid blanket refusals.
• document decisions and discussions with employees.
• be open to exploring alternatives (e.g. partial flexibility).

Action points for HR:
• update policies and request forms.
• train managers on what constitutes a reasonable refusal.
• align leadership on the business rationale for core office hours or hybrid models.

The onus is on the employer to demonstrate that they have considered the request properly, explored alternatives and documented their decision making.

Summary of steps for the employer:
• set clear expectations during onboarding and probation.
• hold regular check-ins and document performance from day one.
• manage sickness conversations sensitively but consistently.
• respond promptly to flexible working requests and explore alternatives.
• lead by example: model zero tolerance for harassment and create a safe space for employees to speak up.

Summary of steps for HR:

• audit and update contracts, handbooks, and policies.
• refresh absence management and harassment prevention frameworks.
• track hours and absence with robust systems to stay compliant.
• deliver ongoing training for managers on probation reviews, absence handling, flexible working and harassment.
• strengthen reporting channels and keep meticulous audit trails.

For assistance email nicola.goodridge@goodhr.co.uk or call +44 7917878384

The Government has now released a roadmap (published on the 1st July 2025) setting out a phased implementation for the Employment Rights Bill. The main rollout begins in April 2026 and this initial phase includes the removal of the lower earnings limit and the waiting period for statutory sick pay. Further measures will be implemented in October 2026 and then in 2027.

For employers this roadmap offers some relief as many major reforms, such as the day one right to bring an unfair dismissal claim, have been pushed back until at least 2027. However, with some changes happening sooner, it’s crucial to stay informed so you know what’s ahead and can get ready—being up to date now will put you in a strong position as these laws are introduced.

What is happening and when?

All dates below are subject to change as the Bill develops.

September/October 2025:
• changes to rules on strikes and industrial action
• some simplification of union requirements
• new protections for employees involved in industrial action

April 2026:
• sick pay: the lower earnings limit and three-day waiting period for Statutory Sick Pay (SSP) will be removed
• day one rights for paternity and unpaid parental leave
• establishment of the new Fair Work Agency
• redundancy protective award period extended (from 90 to 180 days). This is applicable when employers do not comply with their obligations under collective consultation to inform and consult with employees.
• enhanced whistleblowing protections
• simplified trade union recognition process

October 2026:
• ban on fire and rehire practices. It will become automatically unfair—protected from day one—for an employer to dismiss an employee for refusing to agree to a contractual variation and then re-engage them on new, likely less favourable terms, or replace them with someone on those lesser terms. Limited exceptions may apply, details to be confirmed.
• new employer duty to take “all reasonable steps” to prevent sexual harassment and prevent harassment by third parties
• tribunal claim window extended (from three to six months)
• strengthened trade union access rights

2027 and beyond:
• day one unfair dismissal rights for all staff—much later than first expected
• enhanced protections for pregnant employees and new mothers
• ban on exploitative zero-hours contracts – zero hours contracts per se will not be banned
• flexible working becomes the default
• bereavement leave extended to all employees
• mandatory gender pay gap action plans

What should employers do now?

Don’t panic—most changes won’t come to pass until 2026 and 2027 so there’s time to get ready. The rest of 2025 will be about consultations and fine-tuning the details. For now:

• stay informed: keep an eye on the final details, which are still being consulted on, especially around sick pay and dismissals.
• sickness absence management: with SSP payable from day one, smaller businesses may see an increase in sickness absence. Review or introduce an absence management policy, train managers to address absences effectively, and hold return-to-work meetings after each absence. This helps deter unnecessary absences and identify any underlying issues needing attention.
• review contracts and staff handbooks: plan ahead for upcoming changes like sick pay rules and dismissal procedures. It will become harder in future to change terms and conditions especially if there is no variation clause in place. Assess your business now, think about any potential changes you may need to make – are your operating hours suitable? Might you need staff to help out at other business locations? Address these changes sooner rather than later.

Looking ahead: navigating a new era of employment rights

While the Employment Rights Bill roadmap offers much-needed clarity on the timing and sequence of legislative changes, it also brings new responsibilities and challenges for businesses striving to remain compliant. The government’s commitment to strengthening workplace protections and modernising employment law through the Employment Rights Bill is evident in its broad scope – from enhanced union rights to substantial reforms to statutory sick pay.

Any questions email nicola.goodridge@goodhr.co.uk or call +44 7917 878384

A business is entitled to restructure its workforce to make it more efficient and the redundancy process can be challenging for both employers and employees, often leading to uncertainty and anxiety. Under UK employment law, employers have specific obligations when it comes to redundancy, including the need to explore suitable alternative employment options for affected employees.

If a suitable alternative role is available, an employer cannot make the employee redundant without offering it to them or inviting them to interview for it. Failure to meet this requirement can expose the employer to claims for unfair dismissal.

In practice, offering an alternative role can help to mitigate the emotional and financial impact of redundancy on employees, in particular, those on, or who have recently taken, maternity leave or other types of parental leave, who benefit from first refusal on any available roles.

However, it is also not uncommon for the role to be refused by the employee and it will be important for the employer to handle any such refusal in the correct way.

What is suitable alternative employment?

Suitable alternative employment refers to a different role in an organisation being offered to an employee who is at risk of redundancy. The aim of offering suitable alternative employment is to try to avoid dismissal by redundancy by redeploying the individual to a different job for the same employer or an associated organisation. An employer is under a duty to take reasonable steps to find alternative employment rather than ‘all possible steps.’

Suitable alternative employment should be offered to the relevant employee before their current contract of employment comes to an end and the new role must begin no later than four weeks after their current role ends.

Should an employer offer a suitable alternative role directly to an employee at risk of redundancy, or simply offer them the opportunity to interview for it?

If the employee meets the essential criteria and the role is objectively suitable in terms of status, pay, and skills, they should be offered the role, subject to a trial period of four weeks. Failure to offer a role that the employee is capable of performing can result in an unfair dismissal claim – don’t assume the employee will refuse. If it is suitable, it should be offered.

However, there are some exceptions:

• if the role requires different skills, qualifications and experience that the at-risk employee has then there is no requirement to offer the job – instead they can be encouraged to apply and be considered alongside external applicants. A detailed rationale of the skills across both jobs should be recorded.
• if multiple at-risk employees are suitable for one role, then a competitive process may be appropriate, but care must be taken to ensure the process is transparent and fair.

What constitutes suitable alternative employment?

Suitable alternative employment refers to roles that align with the employee’s skills, experience, and circumstances, providing them with an opportunity to transition within the same or associated organisation rather than facing unemployment. The criteria for determining whether a role is considered suitable include the following:

a. Skills and Experience

The new role should align with the employee’s existing skills, qualifications, and professional experience. If the employee can perform the job with minimal additional training, it is likely to be deemed suitable.

However, employers should not assume that an employee who appears to be underqualified will be unable to fulfil the role and, conversely, that a seemingly overqualified employee will not accept a more junior position. Training may bring the employee up-to-speed with the skills required, for example, or an individual may be content taking a less senior role if the workload or stress levels are correspondingly lower.

b. Pay and Benefits

The terms of the new position, including salary and benefits, should be comparable to the employee’s current compensation. A significant reduction in pay or benefits can make a role unsuitable.

c. Location

The job should ideally be located within a reasonable commuting distance from the employee’s current location. A significant change in location can be a barrier to acceptance.

d. Working Conditions

The new role should offer similar working conditions, such as hours, flexibility, and responsibilities. Major changes in working conditions may affect the suitability of the role.

e. Responsibilities

Consider the employee’s actual current role, not just their job description. Often, a role will change over time, and the job description specified in an employee’s contract of employment may no longer be accurate.

What if the employee refuses the suitable alternative employment?

An employee can refuse an offer of suitable alternative employment if they wish on the grounds that the role is not ‘suitable’. They must notify their refusal to their employer prior to the ending of their current job or, if there is a trial period for the new role before the trial period ends. If they do not give notice in time, they will lose their right to any statutory redundancy pay.

If an employee reasonably refuses an offer of suitable alternative employment, they are considered as having been dismissed on the grounds of redundancy and are entitled to any statutory redundancy pay.

If an employee ‘unreasonably’ refuses an offer of suitable alternative employment, they are considered as having been dismissed on grounds of redundancy but potentially lose their entitlement to statutory redundancy pay.

What if the employee accepts the new role?

If an employee accepts the suitable alternative employment, they are deemed as not having been dismissed at the end of their old job and, consequently, will not be entitled to any statutory redundancy pay. Instead, they will begin their new role under the terms of their new contract of employment.

It is important that their new role is adequately documented, even if the changes between their old job and the new are minor. This ensures certainty for both employee and employer and compliance with the law.

For any questions email nicola.goodridge@goodhr.co.uk or call +44 7917878384

A worker was subject to disability discrimination after his manager repeatedly sighed and made ‘exaggerated exhales’, an employment tribunal has found.

In a ruling that could reshape how employers address neurodivergence in the workplace, a UK employment tribunal has found that even nonverbal expressions like sighing can amount to disability discrimination. The ruling underscores growing expectations for empathy and inclusive management as our workforces become more neurodiverse.

The tribunal heard that Watson joined the firm (which developed the Hawk-Eye ball tracking system in sport) in August 2020 as a software engineer but struggled with:

• poor timekeeping
• focus
• routine

Two years later, in November 2022, he was diagnosed with ADHD – all of the above symptoms were linked to that diagnosis. Watson had, however, raised with his line manager in September 2022 the possibility that he may be neurodiverse, which might explain some of his difficulties in the workplace, but no adjustments were made.

After returning from four days off sick following his ADHD diagnosis, Watson was confronted by a project leader (referred to only as DT because of national security concerns around the firm’s defence projects) both in front of colleagues and on a one-to-one basis. DT questioned Watson’s:

• working hours
• his work patterns
• the time spent at his desk

DT also expressed non-verbal frustrations such as sighing and exaggerated exhales and used the phrase ‘putting your ADHD aside for a moment’, telling Watson that he was ‘becoming a net detriment’ both of which the tribunal held as evidence of a blatant disregard to accommodate Watson’s ADHD.

In December 2022, at a one-to-one meeting, after Watson explained to DT how his comments and behaviour were making him feel anxious and stressed, DT stated that his comments had been designed to put pressure on Mr Watson.

The tribunal held that the comments used by DT, the project leader, clearly disparaged Mr Watson’s work performance. Watson was warned over his sickness absences and was eventually dismissed in early 2024 after a protracted period of sick leave for stress.

The judge found that the company had fairly dismissed Watson, but accepted the effect DT’s behaviour had had on Watson’s mental health. Reactions from others verbally or as a gesture, can have a damning effect on self-esteem and anxiety.

Unlawful discrimination

The tribunal ruled that the sighs and gestures, and more extensive comments and criticisms, amounted to unlawful discrimination linked to Watson’s condition. The tribunal concluded as follows:

• the reason for the expressions of frustration arose from things which themselves arose from Mr Watson’s disability such as his timekeeping and working patterns and the fact that he was spending time away from his desk
• it was accepted that for DT there was a genuine source of pressure and frustration, and that the reason for that frustration was that in the autumn of 2022, Mr Watson was not able to fully contribute to the project work and that this had a knock-on impact on DT who was expected to pick up any slack
• it was accepted that whilst this does not excuse DT’s behaviour or treatment of Mr Watson, it does explain it
• the tribunal held that had the employer taken steps to identify adjustments required for the employee at an earlier stage and provided both him and the project lead with necessary support, it is entirely possible that DT would not have himself suffered with such work pressure and it is possible therefore that this discrimination would have been avoided.

Summary

• This is another case that revealed employers’ difficulties with dealing with neurodiverse-related disabilities.
• An employment tribunal will consider evidence of non-verbal behaviours alongside documentary evidence in forming a complete picture of the events in question.
• The manager’s ‘sighing’ here was just one of many acts of discrimination and harassment that were held to be well founded and resulted in the tribunal’s conclusion that the claimant had been discriminated against.
• The employer had failed in its duty to make reasonable adjustments following the claimant’s diagnosis of ADHD.
• It is clear that the employee’s line manager (DT) was frustrated by Watson’s behaviour and didn’t fully understand or appreciate the impact of his disability, which highlights the importance of training in managing disabilities and particularly in understanding neurodiversity.

Conclusion

Employers need to embrace neurodiversity in the workplace as it brings numerous benefits – one of the biggest benefits being that neurodivergent individuals often bring fresh perspectives and innovative ideas to the table. Furthermore, neurodivergent employees often possess the ability to hyperfocus and produce super detail-oriented thinking. Finally, neurodiversity can foster a more inclusive and welcoming workplace culture, leading to better employee retention and a stronger company reputation.

For any questions or assistance email nicola.goodridge@goodhr.co.uk or call +44 7917 878384

From April 2024, flexible working became a day-one right, with further reforms anticipated in 2025 which are likely to require employers to provide a “reasonable” explanation for rejecting requests. Traditional 9-5 routines are giving way to more flexible, employee-centric models and compressed hours contracts are quickly becoming one of the most attractive options for employees.

What are compressed hours?

Compressed hours is a type of flexible work arrangement where employees compress their 40-hour workweek from the more traditional five days to fewer days. There are multiple ways to approach compressed hours:

• employees can decide to work two extra hours from Monday to Thursday and then take off every Friday.
• employees can decide to work for an hour additionally for four days and then take off half of the fifth day – usually the Friday.
• employees can add one hour to each working day for nine days and then take the tenth day off – the ‘9 day fortnight.’

Benefits of compressed hours for employers and employees

• employer benefits: increased productivity, employee retention and reduced burnout.
• employee benefits: better work-life balance and time for personal development.
• challenges to consider: potential bottlenecks and the fact that some roles are simply not appropriate for this type of working arrangement.

Why are compressed hours contracts becoming popular now?

Several factors are converging in 2025 to make compressed hours increasingly popular:

1. Post-pandemic workplace changes

Hybrid and remote work proved that productivity doesn’t depend on being in an office 9 to 5. As a result, employers are now more open to flexible arrangements that prioritise output over presence.

2. Employee wellbeing and work life balance

Increased awareness of mental health has led to demand for schedules that reduce burnout. A shorter working week, even if hours remain the same, means less childcare, more family time and time to do other things.

3. Talent retention and recruitment

In a competitive labour market, offering compressed hours is a strong differentiator. Candidates are actively seeking employers who respect flexibility and autonomy — especially younger workers who value lifestyle as much as salary.

4. Legislative support

With the UK government’s ongoing review of flexible working rights, it’s likely that compressed hours will become more accessible by default. Flexible working is a day one right already with employers able to refuse a request based on eight different business reasons. However, under the proposed Employment Rights Bill employers will only be able to refuse a flexible working request if they can prove it is ‘not reasonably feasible.’

How to implement a compressed work schedule

1. To approve compressed work hours, employers should evaluate individual requests, assess workload and team dynamics, establish clear expectations and consider a trial period. If the trial is successful, the contract of employment must be amended to reflect the changes.

2. When determining suitability for different roles, consider the job nature, team structure and company culture.

Calculating holidays for compressed hours workers

To calculate holiday entitlement for compressed hours workers, you need to determine the total annual leave entitlement in hours, then deduct those hours when the employee takes leave. This ensures they receive the same amount of time off and pay as a full-time, standard-hours worker.

When considering working days that fall on bank holidays, the compressed hours worker deducts not one day from their annual leave but the number of hours they would have worked on that day. For example, if the bank holiday falls on a Monday and the employee on compressed hours works 10 hours on Mondays, then the employee gets 10 hours deducted instead of one regular (eight-hour) day.

For advice and assistance please email nicola.goodridge@goodhr.co.uk or call +44 7917 878384

The UK government has recently announced significant changes to immigration law that will affect businesses hiring freelancers, self-employed contractors and zero-hours workers.

As part of a wider crackdown on illegal working and rogue employers, the Home Office is introducing plans which require UK organisations to conduct mandatory Right to Work checks on anyone working on their behalf, regardless of employment status or contract type.

Extending employment checks

Under the new regulations, businesses in industries that rely on freelancers and zero hours workers will be required to verify the immigration status of all of their workers.

Previously, employers were not legally obligated to carry out these checks.

With this future change, employers will need to confirm that all workers, including those who are self-employed or on zero-hours contracts, are legally eligible to work in the UK.

This move will help to level the playing field between traditional and flexible employment models, ensuring fairness and consistency across the labour market.

Penalties for non-compliance

This initiative is a key part of the government’s broader efforts to tackle illegal immigration, exploitative working practices and organised immigration crime.

Employers who fail to carry out the required Right to Work checks could face severe penalties. These include:

• fines of up to £60,000 per illegal worker
• business closures
• disqualification of company directors and
• potential criminal prosecution.

Furthermore, an immigration enforcement visit can severely damage an employer’s reputation, making it crucial for businesses to comply with the new rules.

The government has increased its immigration enforcement efforts, including a surge in raids, arrests, and civil penalty notices for businesses caught employing illegal workers. Since last July, immigration enforcement teams have made over 4,700 arrests across more than 6,700 illegal working visits, issuing thousands of civil penalties and marking a 40% increase compared to the previous year.

Impact on UK businesses

Employers in industries that rely on casual or self-employed labour, will need to review and potentially update their onboarding processes and internal systems to ensure compliance with the new regulations.

The Home Office will provide a checking service with businesses able to utilise digital ID verification technology to support the process – the checks should just take minutes to confirm someone’s immigration status. There will also be support in place for employers with enquiries about the process.

Conclusion

These right to work checks are not mandatory just yet. The Border Security, Asylum and Immigration Bill, which is making its way through Parliament, is being amended to incorporate the changes. A full consultation with businesses on implementing the checks will then follow.

However, businesses would be well advised to start thinking about the appropriate processes they may need to have in place ready to carry out the Right to Work checks on all workers, whether employed traditionally or under more flexible contract arrangements, when they become law – which may be later this year.

For assistance, email nicola.goodridge@goodhr.co.uk or call +44 7917 878384

More than five years after the start of the COVID pandemic, “return to office” approaches are evolving. Increasingly, large employers in the UK are requiring a full return to office. For example, companies such as Amazon have recently asked staff to return to the office full time. Other employers may not require full-time office attendance, but they are adjusting their hybrid working arrangements, increasing the number of days which must be spent in the office.

Having enjoyed the autonomy and flexibility of remote work during the pandemic, employees are now hesitant to give it up. Remote working is fiercely valued by employees with numerous surveys showing it to be more important to employees than pay. Employees are continuing to strongly resist changes to hybrid working arrangements – most commonly by submitting formal requests for remote working.

But the upward trend of remote working requests isn’t just about return to office mandates. The pandemic has reframed home working as a viable solution to a whole range of predicaments from health concerns to caregiving or relocations. And this can often be a driver behind any requests to continue working from home.

So, as the world of work is being reshaped, employers will need to be ready to respond to an increase in requests to work from home.

Your workforce strategy

When settling on a workforce strategy relating to remote working, employers will need to consider how it fits in with their broader culture and values. While some organisations are worried about the impact on culture and collaboration of too much working from home, employers in sectors where remote working isn’t an option are worried about losing employees to more remote-friendly sectors. The impact of increased office attendance on both retention and recruitment can be crucial in some industries.

Will the Employment Rights Bill have any impact?

Last year, the former Conservative government made requesting flexible working a “day 1” right, removing the need for 26 weeks’ continuous service. Labour supported that plan but committed to go further by making flexible working the “default”.

The Employment Rights Bill includes two key changes:

• an employer can only refuse a flexible working request if it is reasonable for them to do so.
• an employer must state the ground for refusal and explain why it is reasonable to refuse the request on those grounds.

This is not a radical change to the existing flexible working regime and the changes arguably fall short of making flexible working “the default”. However, the need to demonstrate the “reasonableness” of any refusal will perhaps make it harder for employers to refuse requests outright.

Any changes are unlikely to come into force until 2026. Employers who are currently engaged in return to office debates may wish to prioritise discussions this year so that any remote working requests made in response can be considered under the current regime.

Having said that, this is unlikely to totally remove this issue for employers. Since April 2024, employees are able to make two flexible working requests a year. The upcoming strengthening of the law could therefore result in employees repeating requests if they felt a previous refusal was unreasonable.

Responding to requests to work from home

A tangible way employees can resist a return to office mandate is by making a request to work from home – either full time or, perhaps, just a day or two less than what their employer requires.

Do employees have a right to work from home?

Not unless this is part of the terms of their employment contract.

During the pandemic, some employers made changes to their standard employment contracts to include remote working as the default, at least for new starters. If remote working is agreed as part of the employment contract, it can be difficult to row back from. It’s not impossible to change, but it would involve a formal process to change terms.

Most employees are simply working remotely on an informal basis, as a continuance of the temporary arrangements put in place during the pandemic without any formalised change to their underlying employment contracts. If remote working was only ever allowed on a temporary or concessional basis, then employers can generally enforce the contractual wording about office-based working as long as an appropriate process is followed (and bearing in mind that employees might push back by putting in a request to work remotely).

In some cases, however, the terms of the employment contract are unclear or have arguably been altered by subsequent communications about working arrangements since the lifting of pandemic restrictions.

Can employees put in a request to work from home?

Employees have a statutory right to request flexible working. The law does not specifically relate to home working but remote working is one of the flexible working arrangements that can be applied for.

If making a flexible working request under the statutory framework, employees are supposed to say that they are doing so. Employers are not completely free to ignore requests outside the statutory framework, especially if that would risk discrimination. A statutory request, however, triggers the employer’s obligation to follow the statutory process and associated timescales. In practice, many employers have their own flexible working policies which build in compliance with the statutory framework.

If an employee puts in a statutory flexible working request for remote working, can we say no?

Employers can only say no to a request on the basis of one or more of eight permitted business reasons, including detrimental impact on quality or performance.

There’s no appeal-level case law on remote working requests after the pandemic, but there are a handful of interesting employment tribunal decisions which look at possible reasons for fairly refusing home working requests:

• in one of the first decisions grappling with this topic last year, Wilson v FCA, the tribunal unanimously agreed that the employer’s concern about the negative impact of remote working on the performance of a senior manager were well founded, confirming the drawbacks of technology when it comes to rapid discussions and non-verbal communication etc.

• in Mr Corrigan v The Parliamentary and Health Service Ombudsman, the tribunal found that concerns around detrimental impact on workforce cohesion, collegiality and the training and retention of new starters were all valid.

• in Mr H Morsing v Howden Joinery Group plc, the tribunal agreed that the line manager had genuine concerns about a request to work from home for 3 days, rather than 2, that it would detrimentally impact quality and an ability to meet customer demand. Despite having worked from home for 3 days during the pandemic, the line manager believed being in the office more frequently would improve response times and team collaboration.

These are early signals from the tribunals but they tend to support the view that employers can legitimately refuse statutory requests for remote working, but only if this comes after proper consideration and a clear rationale. In all these cases, the employers had given the requests serious and careful consideration. For example, in Wilson, the Tribunal noted that the manager had carefully analysed the factors for refusing the request with a detailed analysis of the employee’s duties. In Corrigan, the Tribunal commented that the employer’s decision was not “off the cuff” and that extensive research had been undertaken.

What are the consequences of unlawfully rejecting a statutory remote working request?

Employees can bring an employment tribunal claim under the statutory flexible working framework if:
• the request is refused for other reasons;
• a refusal is based on incorrect facts;
• the request was not dealt with in a reasonable manner; or
• the employer failed to meet the statutory deadlines and process requirements.

Compensation for not complying with the statutory flexible working regime is limited to a maximum of eight weeks’ pay. This is not set to change under the Employment Rights Bill.

Higher compensation is available only if the employee successfully brings another claim such as discrimination.

When is it sex discrimination to say no to home working requests for childcare reasons?

Any policy which disadvantages people with childcare responsibilities will arguably have a disproportionate impact on women, who still shoulder most of the childcare responsibilities in the UK.

If the employee wants remote working because the hours are then easier to juggle with childminder or school drop-off and collection times, an employer will find it difficult to reasonably refuse. Research shows that professional women are more likely to work full-time where hybrid and remote working are standard practice, suggesting that policies requiring office attendance do have a disproportionate disadvantageous impact on women and that women are more likely to request part-time hours if remote working is refused.

If tribunals can be persuaded that women are disadvantaged by a policy on office attendance, then:

• employers will need to be ready to justify their policy as a proportionate means of achieving a legitimate aim. This is a higher hurdle to get over than the “correct facts” or “dealing with the request in a reasonable manner” test under the statutory flexible working regime. Ideally, employers would have evidence to support assertions about why their office attendance policy is justified.

• it’s not just women who can make a claim. Men facing the same childcare obstacles can now also claim discrimination.

So, in summary, rejecting remote working requests which are made for childcare reasons carries a discrimination risk. On the other hand, an environment in which mothers of small children generally work remotely while everyone else is in the office also carries longer term DEI risks.

Could home working be a reasonable adjustment?

Employers have a duty to make reasonable adjustments for employees who qualify as disabled under the Equality Act 2010. We now routinely see “work from home” recommended by occupational health practitioners as a (temporary or permanent) reasonable adjustment. Although in some cases that assessment can be questioned, it is often the case that working from home will alleviate the employee’s problems and, as remote working becomes more of a possibility, we can expect it to be increasingly asked for as a reasonable adjustment.

Anecdotally, significant numbers of employees are struggling to return to the office for reasons connected with physical or mental conditions, including neurodivergence, anxiety and long Covid, which may not be diagnosed. Conversations about how employees are managing the return to office may surface these health issues and lead on to questions about reasonable adjustments and/or a request for a formalised remote working arrangement.

More significantly, making adjustments might mean making exceptions to your normal office attendance policy. The duty to make reasonable adjustments involves going above and beyond what you would do for non-disabled employees. A number of recent tribunal decisions have illustrated this:

• in Mr D Sanders v Department for Education, the tribunal found that a requirement to work from the office for three days each week put the claimant at a substantial disadvantage when his symptoms were exacerbated.

• in MacFarlane v HMRC, the majority found that the organisation had failed to balance its focus on getting everyone back to the office against the employee’s personal health concerns and caring responsibilities.

These decisions highlight the need for employers to ensure any flexible working request is considered in light of an employee’s health. The key challenge for employers often lies in getting occupational health advice on whether remote working really is a reasonable adjustment.

What if the employee cites caring responsibilities?

Employees with caring responsibilities for elderly or disabled adults are under the spotlight currently, with the introduction of a new right to carer’s leave in April 2024. Caring responsibilities are increasingly cited by employees as a reason for wanting remote working.

There are ongoing calls to make caring a protected characteristic in its own right, but it is not currently recognised as one. If the employee is looking after someone who is elderly or disabled, they are protected against direct discrimination based on being ‘associated’ with someone who is protected because of age or disability. This does not, however, extend to indirect discrimination.

That said, it remains arguable that women shoulder most of the adult care (as well as childcare) burden, meaning that carers may be able to challenge unjustified office attendance policies as amounting to indirect sex discrimination. For this reason, employers should be mindful of the potential discrimination risk if refusing remote working requests from carers.

Do pregnant employees have the right to remote working?

The law requires employers to assess the workplace risks posed to pregnant women and make alterations to working conditions or hours if needed. We increasingly see pregnant employees with significant (typically London-based) commutes asking for remote working. It’s arguable that an employer’s health and safety duties do not extend to risks associated with the commute (as opposed to the workplace itself) but nonetheless it is generally advisable to make adjustments where possible. Employees do not generally make these requests within the statutory flexible working regime and they are generally best dealt with outside of it not least because very quick decisions are often needed and the adjustments are only very temporary.

Top tips when handling home working requests

When considering requests to work from home against the backdrop of evolving return to office strategies, it’s important not to adopt a blanket approach and to consider each request carefully. Our top tips include:

• don’t trip up over process. Employees have a right to put in statutory requests to work remotely and this triggers a requirement to follow the correct process within the required deadlines.

• explore the reasons behind any request for remote working. Under the statutory flexible working regime, employees are not obliged to say why they are making their request. But to manage the request appropriately, employers will want to know. This is partly to help with exploring compromises and partly to help ensure that you manage the request without discrimination.

• having a clear rationale for office attendance that is shared, articulated and reviewed is important. Otherwise there is the risk of managers making inconsistent decisions or basing decisions on incorrect facts.

• your rationale will need to stand up to scrutiny. Under the flexible working regime, that scrutiny is currently relatively limited (other than in, say, an indirect sex discrimination claim where there is a higher test for objective justification). But this does seem likely to change once the Bill comes into force.

• even if your office attendance policy is legally justifiable, the statutory flexible working regime now puts a greater emphasis on compromises and you will still need to assess each request on an individual basis. You also may need to make exceptions to your policy to allow disabled or pregnant employees to work remotely in some instances.

• when considering changes to office attendance, start gathering data to support any hybrid or office working policy which would support the refusal of any request to work from home more.

• ultimately, employees place such a high value on remote working that employers need to consider their policies as part of their overall workforce strategy and value proposition.

For advice contact nicola.goodridge@goodhr.co.uk or +44 7917 878384

To say menopause symptoms can have a significant impact on women at work is an understatement. New guidance was published a year ago – if menopause symptoms amount to a disability under the Equality Act 2010 employers will be under a legal obligation to make reasonable adjustments – a failure to do so can result in disability discrimination.

With nearly 4 million women aged 44-55 employed in the UK and women over 50 representing a significant and growing percentage of the workforce, there are few workplaces where menopause is not being experienced by workers.

Increase in menopause-related tribunal claims

Data from HM Courts & Tribunal Service showed 64 cases cited the menopause in 2022, compared to 204 last year in 2024. The claims concerned included disability, sex and age discrimination, as well as constructive and unfair dismissal.

Disability discrimination cases now account for one in four of total claims referred to ACAS.

Menopause and the law

Plans outlined in the Employment Rights Bill could result in many more menopause-related claims. Specifically, the move to make unfair dismissal a day-one right, combined with the requirement for organisations to publish equality plans incorporating a commitment to supporting staff experiencing menopause, may lead to a further increase in cases.

The increase in disability discrimination cases referred to ACAS highlights a rising trend in mental health problems, which includes menopause-related conditions like depression, stress and anxiety, being recognised as disabilities.

Symptoms and awareness

Menopause can cause:
• more than 30 frequently reported symptoms, all of which can impact an employee’s comfort, productivity and workplace relationships
• cognitive issues like memory lapses, brain fog, concentration difficulties, and reduced confidence, which can be seen as performance problems
• physical symptoms including hot flushes, fatigue, sleep disturbances, joint pain and headaches.

Although awareness of mental health and other disabilities has grown in the workplace, the extent to which menopause can constitute a disability is still a major blind spot for many employers.

At a time when employers are putting more pressure on employees to return to the office, employees experiencing menopause symptoms may benefit from home working for the following reasons:

• avoiding a stressful commute reduces exhaustion and allows for better time management.
• a flexible schedule means she can adjust her working hours around symptoms, such as working during peak energy times.
• reduced workplace stress because there is a pressure to ‘push through’ symptoms in a traditional office setting which is obviously absent when working from home.

Disability and the law

The phrase ‘not all disabilities are visible’ only entered popular usage recently but highlights the common misconception that many still hold when thinking of a disability.

While dementia and schizophrenia are widely recognised as serious mental disorders, there is increasing acceptance that less defined conditions such as depression and anxiety, which can be symptoms of menopause, can also be considered disabilities for the purposes of employment law.

A condition must have a ‘substantial and long-term adverse effect’ on an individual to qualify as a disability, but this is a highly subjective test, which can only be determined on a case-by-case basis and is open to widely differing interpretations. This leaves the door open for unsympathetic employers dismissing genuine menopausal symptoms, with the ensuing risk of employment tribunal claims as a result.

Employer action

The increase in disability discrimination cases linked to menopause indicates a need for improved training for HR professionals and line managers in handling and supporting employees affected by menopause. Many managers likely lack sufficient understanding of the symptoms employees might face and aren’t creating a supportive environment that encourages open discussions about their experiences and potential improvements to their work conditions and workloads. Additionally, managers need guidance on managing any disclosures employees may make.

The increase in claims involving menopause highlights the need for organisations to take action to prevent them facing the same fate. HR and line managers will find it easier to stay on the right side of the law if protocols are established and followed. This involves regularly reviewing and updating health and wellbeing policies and ensuring that knowledge and skills are kept up to date, particularly in areas such as menopause where cultural norms are rapidly evolving.

Employers aiming to better support staff experiencing menopause should:

• implement a menopause policy,
• offer flexible working options (including remote work, adjusted start/end times, or flexibility based on the employee’s daily condition),
• adjust temperature control,
• provide access to quiet areas, and
• revise absence management or performance management policies to consider the effects of menopause on employees.

Summary

The menopause tends to affect more experienced employees and so employers risk losing their top talent if they do not support them in a way that ensures that they can continue working.

For advice email nicola.goodridge@goodhr.co.uk or call +44 7917 878384

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It has been confirmed that neonatal leave and pay will come into force from 6 April 2025, providing parents with a right to up to 12 weeks’ leave and pay when their baby requires neonatal care.

The aims of the new rights are to allow parents dedicated time to spend with their baby while they are receiving medical care without that eating into their maternity, paternity or shared parental leave.

Who is eligible?

Neonatal care leave (‘NCL’) is intended to support employees whose baby is receiving, or has received, neonatal care. In line with changes made to other forms of family leave in the Employment Rights Bill, employees can benefit from NCL from day one of their employment.

At the birth of the baby, the employee must be one of:

• the baby’s parents,
• the baby’s intended parents (applicable to surrogacy),
• partner to the baby’s mother (who are unrelated and living with them in an enduring family relationship) with the expectation they will have responsibility for raising the child.

If adopting, similar principles as above apply.

To qualify for NCL, the baby must be born on or after 6 April 2025.

NCL must be taken to provide care for the baby. In the very sad circumstances where the baby dies after NCL has been accrued, employees are still able to take the leave as this care requirement is disapplied.

What counts as “neonatal care”?

Neonatal care must have taken place or begun within the first 28 days of birth and care must continue for a period of at least seven continuous days.

There are three narrow categories of medical care which will count as “neonatal care”:

1. any medical care received in a hospital;

2. medical care received elsewhere following discharge from hospital. Such care must be under the direction of a consultant and includes ongoing monitoring and visits to the child by healthcare professionals; or

3. palliative or end of life care.

How much leave?

The length of NCL will be dependent on how long the baby receives neonatal care but is capped at a maximum of 12 weeks. Parents will be able to take one week of leave in respect of each week the baby receives neonatal care without interruption. The week begins on the day after care started.

For parents of twins or other multiple births, neonatal leave cannot be claimed in respect of babies who are receiving care at the same time. For example, if both twins were to receive care for a period of 6 weeks, the parents would only be entitled to six weeks of leave. The maximum amount of leave remains 12 weeks.

When can the leave be taken?

Any leave must be taken within 68 weeks of the baby’s birth (or placement or entry to Great Britain in the event of adoption). The basic idea of NCL is that it will be tagged onto the end of the employee’s family leave. This is because an employee whose baby is admitted for neonatal care is highly likely to be on some other family leave at that time – typically maternity or paternity leave. The idea is then that they would be able to take NCL at the end of their planned family leave, so that the time their baby spent in neonatal care is compensated for.

However, the regime also needs to cater for those emergency situations when the employee isn’t already on leave whilst the baby is in neonatal care. This is most likely to be because a father or partner’s paternity leave has run out while the baby is still in hospital.

As a result of this effort to provide flexibility and reduced notice requirements, there is a distinction between the time the leave is used, referred to as tier 1 or tier 2 periods.

If NCL is taken whilst the baby is receiving care (and up to a week post discharge), this will be classed as a tier 1 period. Tier 1 leave can be taken in non-continuous blocks of a minimum of one week at a time.

All other leave falls within the tier 2 period and must be taken in one continuous block.

What are the notice requirements?

In line with other parental leave, employees are expected to provide notice of their intention to take NCL stating:

• their name
• the baby’s date of birth (or date of placement/entry to Great Britain if adopting)
• the start date or dates of neonatal care
• the date neonatal care ended (if applicable)
• the date on which the employee wants to take the leave
• the number of weeks of NCL the notice is being given for
• that the leave is being taken to care for the baby
• confirmation that the employee is eligible to take the leave due to their relationship with the baby

The required length of notice differs depending on when the leave is taken. However, employers should note that the employer and employee can agree to mutually waive any notice requirements.

How much pay?

The right to receive statutory neonatal care pay (‘SNCP’) requires 26 weeks of service and earnings on average of at least £123 a week. This mirrors the entitlement to maternity and shared parental leave pay.

During NCL

As with other family leave entitlements, employees will remain entitled to the same terms and conditions of employment with the exception of pay. There are also similar rules around when an employee will be entitled to return to their original role, which will always be the case for a single period of NCL.

Employees who have taken six continuous weeks of NCL also benefit from the extended redundancy protection rights (if these do not already apply via maternity, adoption or paternity leave), with the right to be offered a suitable alternative vacancy applying from the day after the employee has taken six consecutive weeks of leave and ending on the day after the child turns 18 months old.

Employees will also be protected from detriment and dismissal for exercising their right to take NCL. Dismissal of an employee for a reason connected with their taking NCL will be automatically unfair.

Employer considerations

Now that we know the detail of how NCL will work, there are some important considerations for employers to think about:

• Timing: an employee will generally take NCL at the end of their other parental leave entitlement (unless interrupted). Whilst the underlying intention is to extend the overall period of leave that can be taken, employers may find that some eligible employees choose to end their maternity leave once statutory maternity pay ends at 39 weeks and then move to NCL and SNCP for 12 weeks. This would allow for almost a whole year of paid leave (albeit at statutory rates for employers who do not enhance).
• Notice: there is complexity in determining what level of notice will apply and whether the employee falls within tier 1 or tier 2. As employers have the option of waiving notice requirements, many employers may choose to do so in practice, particularly for employees who are not taking/have already taken other forms of leave.
• Policies: employers will need to have a clear policy setting out the statutory right to leave and pay, as well as any enhanced rights. If an employer offers enhanced family leave, it will be necessary to think through the impact of NCL on any of these enhancements.
• Redundancy: employers will need to add employees taking NCL of over six weeks to the groups of employees who will be entitled to priority status in the event of a redundancy. As the protection continues until the child turns 18 months, it will be important to consider tracking employees who take this type of leave in the same way as other types of parental leave.
• Data privacy: details of the baby’s medical conditions are private under data protection legislation. The employee’s wishes should be observed in relation to sharing information with colleagues about the reason and nature of the leave they are taking.
• Absence management: effects of traumatic birth or a baby spending time in a neonatal intensive care unit could manifest themselves both physically and mentally, possibly resulting in a long-term condition or illness. Employers should be mindful of this in the event of a change in an employee’s performance, behaviour or absence. Approach requests for time off or increased sickness leave carefully, bearing in mind the potential disability discrimination risks.

For advice and/or a Neonatal Leave and Pay policy for your staff handbook please email nicola.goodridge@goodhr.co.uk or call +44 7917 878384