Thinking about the future can sometimes feel daunting, particularly when considering the possibility of dementia or losing the ability to make decisions for yourself. However, taking a few simple steps now can provide peace of mind and make things much easier for those you love.

Getting your affairs in order simply means making sure the right legal documents and practical arrangements are in place, so that the people you trust can step in if you are unable to make decisions for yourself, and so that your wishes are clear after your death. It is not only something to think about in later life. An accident or sudden illness can happen at any age, so these steps are worth considering whatever stage of life you are at.

One of the most important steps you can take is to put Lasting Powers of Attorney in place while you still have the capacity to do so. This will allow you to appoint family, friends or even professionals that you trust implicitly to make decisions on your behalf either with your consent whilst you have capacity (for financial and property decisions only) or when you have lost capacity.

There are two types: a property and financial affairs Lasting Power of Attorney, which covers matters such as your bank accounts, bills and property, and a health and welfare Lasting Power of Attorney, which covers decisions about your care and medical treatment.

Once signed, a Lasting Power of Attorney has to be registered with the Office of the Public Guardian before it can be used. This is currently taking around two to three months, so it is far better to put one in place well before it might be needed.

A diagnosis of dementia does not necessarily mean it is too late. What matters is whether you are able to understand the document at the time you make it and the consequences of putting it in place. As part of the process, an independent person, known as a certificate provider, confirms that you understand what you are signing and that no one is pressuring you into it.

Planning ahead can help you retain control over your future and avoid a more complicated and costly legal process later.

Your circumstances can change over the years. Family relationships, financial circumstances and your choice of executors may all be different from when your Will was first written.

Reviewing your Will regularly helps ensure it continues to reflect your wishes. We would usually suggest reviewing your Will every three to five years, or sooner if something significant changes, such as:

It can also provide an opportunity to consider whether trusts or other arrangements may be appropriate, particularly if you have more complex circumstances or vulnerable beneficiaries.

Changes in the law can also be a good reason to take another look. For example, from April 2027 most unused pension funds and death benefits will be included in the value of your estate for Inheritance Tax purposes, which may affect how your Will is best structured.

Alternatively, if you do not have a Will in place, then getting this sorted to ensure your wishes are followed is important. Without a Will, the law sets out who inherits, and this may not be what you would want and could lead to adverse tax consequences. For example, an unmarried partner has no automatic right to inherit and, if you are married, depending on the value of your estate on death and whether you have children, not everything may pass to a surviving spouse.

Having important financial information in one place can be invaluable if someone needs to help manage your affairs.

Consider keeping an up-to-date record of your:

It is also helpful to note where your original Will and any Lasting Powers of Attorney are kept.

It doesn’t need to be complicated. A well-organised file can save your family considerable time and worry at what may already be a difficult time.

This will also become helpful for your executors when coming to administer your estate.

It is also worth checking that the nomination forms for any pensions are up to date. Pensions are often dealt with separately from your Will, so these forms help the pension provider understand who you would like to benefit.

Legal documents are only part of the picture. Talking openly with those close to you about your wishes can be just as important.

You may want to discuss where you would like to live if your needs change, the type of care or support you would prefer, what matters most to your quality of life and who you would like involved in important decisions.

If there are particular medical treatments you would not want to receive, you can record this in a document called an advance decision, which is legally binding if certain requirements are met. You may also wish to write down your wider wishes and preferences about your care in an advance statement. Although this is not legally binding, it must be considered by those making decisions on your behalf.

It can also help to let your family and executors know any wishes you have for your funeral. Funeral wishes in a Will are not legally binding, and a Will is not always read until after the funeral has taken place, so it is worth sharing them separately as well.

These conversations may not always be easy, but having them early can give everyone greater clarity and reassurance in the future.

None of us can know exactly what the future holds. But taking practical steps now can help ensure that your wishes are understood, your affairs are organised and the people you trust are able to support you if circumstances change.

At Franklins Solicitors LLP, we understand that these conversations can feel difficult. Our Wills, Trusts and Estate Planning team in Northampton and Milton Keynes is here to provide clear, practical and compassionate advice to help you and your family plan for the future. If you would like to talk any of this through, please do give us a call.

Franklins Solicitors named finalist in two categories at NBEA Awards 2026

Franklins Solicitors has been named as a finalist in two categories at the Northamptonshire Business Excellence Awards (NBEA) 2026, recognising both the firm’s professional services and its contribution to the local community.

The Milton Keynes and Northampton-based law firm has been shortlisted for Professional Services, as well as Community Project or Person of the Year for the Franklins £50 Challenge.

The double recognition reflects two important areas of focus for Franklins – providing an excellent service and building long-term relationships with its clients, while making a positive contribution to the communities in which its teams live and work.

Established in 1982, Franklins provides legal services to individuals, families and businesses across Milton Keynes, Northampton and the surrounding areas. Our ‘Law for Life’ approach is centred around supporting clients through the different stages of their personal and professional lives.

Alongside our legal services, we have a longstanding commitment to supporting local charities and community organisations.

The Franklins £50 Challenge is one of our flagship community initiatives. The annual three-month fundraising campaign gives participating teams £50 in seed funding and challenges them to turn it into as much money as possible for local charities.

The 2026 Challenge saw 56 teams supporting 12 charities, collectively raising over £50,000. Following the completion of its eighth year, the initiative has now raised nearly £250,000 for charities since it began.

Simon Long, Managing Partner at Franklins Solicitors, said:

“To be shortlisted in two categories at this year’s NBEA Awards is something we are incredibly proud of.

The Professional Services nomination is a reflection of the hard work and commitment of our teams across Franklins and the service they provide to our clients every day.

Equally, being recognised for the Franklins £50 Challenge means a great deal to us. Its success is only possible because of the businesses, organisations, charities and individuals who get behind it each year and make it such a fantastic community effort.

“We’re delighted to see both areas of our work recognised and would like to wish all of this year’s finalists the very best of luck.”

The winners will be announced at the NBEA Awards and Gala Dinner on Friday 27th November 2026.

Franklins wishes all of the other finalists good luck. We look forward to celebrating the achievements of businesses and organisations from across the region at the awards.

Franklins Solicitors LLP has launched My Franklins, a new client app designed to make it easier and more convenient for clients to stay connected with their legal matters.

My Franklins brings the firm’s existing client portal directly to clients’ phones and devices, giving them secure access to information about their legal matters whenever and wherever it suits them.

The launch is part of Franklins’ continued focus on improving the client experience and using technology to make accessing legal services simpler and more convenient.

With a new clean, fresh and modern design, My Franklins gives clients one secure place to access key information relating to their matter. Depending on the type of legal service they are using, clients can track progress and milestones, access documents, see outstanding tasks, complete digital forms, verify their identity and make secure online payments.

Having the portal available as an app also makes it quicker and easier for clients to check their matter when it suits them, whether they are at home, at work or on the move.

The app supports Franklins’ Law for Life approach, which is centred around providing legal support that fits around clients and the different stages of their lives. By bringing current and future matters together in one place, My Franklins gives clients a simple way to access their information and keep up to date at a time and place that works for them.

Simon Bannister, Head of IT at Franklins Solicitors, who has spearheaded the project, said:

“We wanted to build on what our client portal already offered and make the experience even easier and more convenient for our clients.

People are used to being able to access important information from their phones at a time and place that suits them, and we wanted our clients to have that same flexibility when dealing with their legal matters.

We focused on how technology can improve the client experience and make working with Franklins as clear and convenient as possible. A lot of work has gone into making My Franklins intuitive and straightforward to use, giving clients greater visibility of their matter, the actions they need to take and what happens next, helping them stay informed through the process.”

My Franklins will initially be used across a wide range of Franklins’ legal services, including property, family law and Wills and estate planning,

The launch forms part of Franklins’ wider investment in technology and innovation, with a focus on using digital solutions to complement the personal service and legal expertise provided by its teams.

Clients using My Franklins will continue to have the support of their Franklins legal team throughout their matter, with the app providing an additional and convenient way to access information and complete key steps.

My Franklins is available to download now.

Franklins launches Employment Contract Health Check to help businesses prepare for employment law changes.

Franklins Solicitors has launched a new Employment Contract Health Check to help businesses ensure their employment contracts meet current legal requirements and identify any areas that may need attention.

The new service comes as employers prepare for a significant period of change following the Employment Rights Act 2025, with measures being introduced in stages throughout 2026 and 2027.

For £99 plus VAT, businesses can have one standard-form employment contract reviewed by Franklins’ Employment Team. They will receive a written summary highlighting any gaps identified, together with practical recommendations for areas that should be addressed.

The Health Check will be carried out by Trainee Solicitor Rebecca Hutson as part of the Employment Team, headed by Associate Partner and employment lawyer Sara Marshall.

Rebecca said:

“Employment law is going through a considerable period of change and understandably much of the attention is on the new rights and responsibilities being introduced.  However, it is also a good opportunity for employers to go back to basics and make sure the contracts they are already using are up to date and contain what they should.

The aim of the Health Check is to give businesses a straightforward way of doing that. We will review their standard contract, identify any gaps and give them clear, practical recommendations about anything they may need to address.”

One forthcoming change is a new requirement for employers to provide workers with a written statement informing them of their right to join a trade union. The duty is due to take effect from 30th October 2026, with the statement to be provided alongside the written statement of employment particulars and at other prescribed times.

Sara Marshall, Head of Employment at Franklins Solicitors, said:

“There is a lot for employers to keep on top of at the moment, but preparing for employment law reform doesn’t necessarily mean waiting for each individual change to arrive.

Reviewing existing contracts, policies and HR practices now can help businesses understand where they currently stand and what they may need to update as the new requirements come into force.

The Health Check is designed to provide an accessible starting point, particularly for businesses that may not have reviewed their standard employment contracts for some time.”

The £99 plus VAT Health Check covers one standard-form employment contract. Businesses using different contracts for different roles, or requiring a more bespoke review, can request a separate quote.

The Employment Team at Franklins Solicitors advises employers on a range of workplace matters including employment contracts and policies, day-to-day HR issues, settlement agreements and Employment Tribunal claims.

Businesses interested in booking an Employment Contract Health Check or finding out more can contact Franklins Solicitors on 01908 660966 or email employmentmk@franklins-sols.co.uk 

Please note: The Health Check is a general compliance review. It does not constitute advice on any specific dispute or claim unless we are separately instructed to do so.

Franklins Solicitors is sponsoring a free cyber security and business resilience event bringing together experts from across the technology, cyber security, insurance and legal sectors.

From Risk to Resilience, hosted by Digital Origin, will take place on 21st October 2026 at Northampton Saints Stadium, Franklin’s Gardens, and is aimed at business owners, directors, IT leaders and those responsible for risk management and business continuity.

The event will look beyond the technical aspects of cyber security to explore how businesses can prepare for an attack, respond when something goes wrong and build greater resilience across their organisation.

Franklins’ Managing Partner, Simon Long, will join the expert panel for “Surviving a Cyber Attack: Response, Recovery & Business Continuity”, bringing a legal, commercial and business leadership perspective to the discussion.

Simon is an experienced Corporate and Commercial Solicitor with more than 30 years’ experience advising businesses, from owner-managed companies through to large corporate organisations. Alongside leading Franklins, he is the firm’s Compliance Officer for Legal Practice (COLP), with responsibility for legal and regulatory compliance, risk management, staff training and reporting obligations to the Solicitors Regulation Authority.

This combination gives Simon first-hand experience of the wider considerations business leaders face when managing risk and responding to unexpected events.

Simon said:

“Cyber security might traditionally have been seen as something for the IT team to deal with, but the impact of an attack can reach every part of a business.

“For business leaders, it raises much wider questions around risk, compliance, communication, business continuity and the responsibilities you have to your clients, employees and other stakeholders.

“I’m looking forward to joining the panel and exploring some of those issues from a legal and business perspective, as well as hearing from specialists who deal with cyber security and incident response every day.”

The event will feature a range of practical sessions designed to help businesses understand both the risks they face and the steps they can take to prepare.

One of the headline sessions will come from cyber security expert Ben Owen, star of the international TV series Hunted, who will deliver a live ethical hacking demonstration showing how criminals can use methods including phishing, password attacks, social engineering and publicly available information to target organisations.

Other sessions will explore AI-driven threats and ransomware, practical cyber resilience for SMEs and the role of cyber insurance before, during and after an incident. Speakers will include experts from N-able, Fortis Cyber and Lockton.

Attendees will also hear a real-world case study from Paul Abbott, former co-owner of Knights of Old, who will share his experience following the cyber attack that contributed to the company’s collapse. The event will conclude with a panel discussion and audience Q&A.

Event details:

From Risk to Resilience: A Cyber Security Event
Date: Wednesday 21st October 2026
Time: 11:30am – 4:45pm
Venue: Northampton Saints Stadium, Franklin’s Gardens, Northampton, NN5 5BG
Cost: Free

Click here to register your space.

From Risk to Resilience: A Cyber Security Event | Digital Origin

Each year, the same question arises as workplaces begin planning their festive celebrations: how can employers host a work Christmas party that is fun, inclusive and legally safe?

The office Christmas party is a great opportunity to celebrate the festive period, reward staff and boost morale. However, in the eyes of employment law, it can still be treated as an extension of the workplace. This means employers may be held liable for what happens at, or even after, a company Christmas party.

Here are the key legal points and practical steps employers should have on their radar:

A gentle pre-event reminder can go a long way.

Employers should set out their expectations around conduct, anti-harassment, equality and diversity, and social media use in a neutral, positive way. This is not about dampening the festive spirit. It is about ensuring everyone feels safe, included and respected.

A short message before the staff Christmas party can also remind employees that workplace policies continue to apply, even where the event takes place outside normal working hours or away from the usual place of work.

Many disciplinary cases arise from alcohol-fuelled incidents. To reduce company Christmas party HR risks, employers should consider:

Having a sensible approach to alcohol does not mean removing the fun from the event. It simply helps employers reduce the risk of misconduct, accidents, complaints or safeguarding concerns.

A “Christmas party” is perfectly common, but it is important to make sure the messaging and activities do not exclude those who do not celebrate Christmas, do not drink alcohol or cannot attend certain types of events.

Think about:

Planning an inclusive Christmas party is not just best practice. It can also help protect against discrimination complaints and ensure employees feel genuinely included and able to enjoy the event.

Parties can sometimes lead to blurred boundaries, particularly where alcohol is involved. Employers may be liable for discrimination, harassment or other inappropriate behaviour between employees, even if the party is outside working hours.

Employers should make clear that:

This is particularly important when considering work Christmas party misconduct and Christmas party harassment at work. A simple, well-timed reminder can help avoid difficult conversations in January.

Photos and videos taken at work events can quickly spread, sometimes without consent.

Employers should remind staff that normal social media policies apply at work events. Employees should avoid posting images, videos or comments that could embarrass colleagues, damage the business’s reputation or breach confidentiality.

If you do not already have a social media policy for work events, it is worth introducing one before your next event.

Case law has shown that employers can, in some circumstances, be liable for misconduct that takes place at unofficial after-parties, particularly where the after-party is considered to be a continuation of the work event.

To reduce the risk of unofficial after-party employer liability, employers can:

This is a common area of risk, as the line between a work event and a private social gathering can become blurred.

Even with careful planning, issues can still arise. Managers should be prepared in advance and know what to do if an incident occurs.

Employers should:

A consistent, fair process can help prevent issues from escalating. It will also be important if matters later reach Tribunal proceedings.

Christmas parties should be enjoyable, inclusive and memorable for the right reasons. A little preparation and clear communication can help employers strike the balance between celebration and compliance.

Understanding work Christmas party employment law does not mean taking the fun out of the festive season. It means making sure staff can celebrate safely and that employers have taken sensible steps to manage risk.

If you would like a template pre-event message, a review of your policies, or help with tricky party-related grievances, please contact me at sara.marshall@franklins-sols.co.uk or call the team on 01908 660966.

Before most employment tribunal claims can proceed, employees must first go through ACAS early conciliation. This is a free and confidential process designed to help resolve workplace disputes without the time, cost and stress of formal litigation.

For both employers and employees, engaging with early conciliation in good faith can often lead to quicker, more practical and more amicable outcomes.

But what exactly does the ACAS conciliation process involve, and why is it often the smarter move?

ACAS early conciliation is a statutory process managed by ACAS, the Advisory, Conciliation and Arbitration Service. It gives employees and employers the opportunity to resolve a workplace dispute before an employment tribunal claim is submitted.

It applies to most employment-related disputes, including:

In most cases, an employee must notify ACAS before making an Employment Tribunal claim.

The early conciliation process is intended to be straightforward.

The employee, or their representative, submits an ACAS early conciliation form, usually through the online process. This starts the ACAS notification stage.

An ACAS conciliator will be appointed and will contact the employee (or their representative) and then the employer to see whether both sides are willing to discuss resolution.

The process is voluntary in the sense that ACAS cannot force either party to settle. However, notifying ACAS is mandatory before most Employment Tribunal claims can proceed.

If both parties agree to engage, ACAS will try to help the parties reach a settlement. The current ACAS early conciliation period can last up to 12 weeks.

Discussions may take place by phone or email. There are no formal hearings, and the conciliator is impartial, and will not decide who is right or wrong.

If an agreement is reached, it is usually recorded in a legally binding COT3 agreement.

If settlement is not reached, ACAS will issue an early conciliation certificate. This certificate is needed before the employee can submit most Employment Tribunal claims.

Tribunal litigation can be expensive, lengthy and stressful. ACAS conciliation gives the parties an opportunity to resolve matters before the dispute escalates.

For employers, this can help avoid an Employment Tribunal claim or reduce the issues in dispute. For employees, it may lead to a quicker outcome without the uncertainty of Tribunal proceedings.

ACAS conciliation discussions are confidential. They are also usually treated as without prejudice, meaning the content of settlement discussions cannot normally be relied on in Tribunal proceedings if conciliation fails.

This gives both sides space to discuss settlement through ACAS openly and realistically.

A Tribunal can usually award legal remedies, such as compensation. A negotiated ACAS settlement can be more flexible.

For example, an early conciliation settlement might include:

This flexibility can be particularly valuable where the employment relationship is continuing.

Where employees remain employed, workplace dispute resolution through ACAS can help preserve working relationships by resolving tensions at an earlier stage.

A negotiated outcome may be less adversarial than litigation and can allow both parties to move forward with greater clarity.

Employers should not ignore contact from ACAS. Responding to ACAS early conciliation constructively is not an admission of liability, it is an opportunity to assess the situation and consider whether early resolution is appropriate.

Employers should:

The ACAS early conciliation time limit rules are important and can be strict.

Normally, most Employment Tribunal claims must be submitted within three months less one day from the date of the issue being complained of (eg. the last discriminatory act, or the date of dismissal).

Starting ACAS early conciliation will pause the deadline for bringing a claim, but employees should not assume there will be plenty of time left after the certificate is issued. ACAS states that it is the employee’s responsibility to notify ACAS within the Employment Tribunal time limit.

Missing an Employment Tribunal deadline can mean losing the right to bring a claim altogether. Employees should therefore take advice promptly, particularly where the deadline is approaching.

ACAS early conciliation offers a valuable opportunity to resolve workplace disputes swiftly, privately and without the adversarial nature of Tribunal proceedings.

It is not only a legal requirement in most cases, but also a practical step towards efficient dispute resolution. For employers and employees alike, early advice can help clarify the strength of the claim, the risks of proceeding and the scope for settlement.

At Franklins Solicitors LLP, we help both employers and employees prepare for and navigate the ACAS early conciliation process, assess risks and negotiate fair outcomes.

As an Employment Law team, we often hear from employers after employment tribunal claims have already landed on their desk. Many of these claims stem from avoidable mistakes in everyday HR processes, often due to lack of training, inconsistent application of procedures, or simply not recognising when legal advice should be sought.

In this article, we look at some of the common HR mistakes and employment law mistakes we regularly see, and the practical steps employers can take to avoid employment tribunal claims.

One of the most common HR mistakes employers make is failing to follow a fair disciplinary procedure or grievance procedure.

Employers sometimes deviate from their own policies, overlook the ACAS Code of Practice, or rush the process when dealing with misconduct, grievances or employee disciplinaries. Common issues include:

It is important to remember that in an unfair dismissal claim, a Tribunal will consider both the reason for the dismissal and whether the process was fair in all the circumstances.

A justified outcome reached through a flawed disciplinary process can still result in a costly finding of unfair dismissal.

Our top tip: Ensure line managers and HR professionals are familiar with your disciplinary and grievance policies, as well as the ACAS Code of Practice. It is often easier said than done, but try to involve individuals who have the capacity to manage the process properly and give it the time it requires.

Tribunals often see cases where underperformance at work was not addressed formally, or where an employee was dismissed for capability without going through a fair process.

Common performance management mistakes include:

Where an employer is considering dismissing an employee for poor performance, it is important to follow a fair capability process. This usually means raising concerns early, setting clear expectations, offering support and keeping a written record.

Our top tip: Raise performance concerns early, document them clearly and use a structured process. A well-managed PIP can make the difference between a fair and unfair dismissal.

Discrimination claims workplace issues do not always stem from overt bias. More often, claims arise from poor handling of flexible working requests, insensitive remarks, “banter” that crosses a line, or the mishandling of sickness absence and family leave.

HR teams and managers need to understand that protection from discrimination under the Equality Act 2010 is not limited to a few obvious categories. The Act protects individuals from being treated less favourably because of nine protected characteristics. The Equality and Human Rights Commission confirms that the Equality Act protects people from discrimination because of protected characteristics including age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

Examples of unlawful discrimination at work may include issues involving:

Many claims arise not from malice, but from lack of awareness, poor communication or inconsistent decision-making.

Our top tip: Provide regular training to all staff on discrimination law, equality and unconscious bias. Managers should understand how everyday decisions about absence, performance, flexibility and conduct can create legal risk.

Sickness absence management, particularly long-term sickness absence, is understandably challenging. However, handling it poorly can lead to disability discrimination or unfair dismissal claims.

Common absence management mistakes include:

Where sickness absence may be linked to a disability, employers should take particular care. This may include obtaining occupational health advice, reviewing medical evidence, consulting the employee about adjustments and considering whether the employee meets the legal definition of disability under the Equality Act.

Our top tip: Involve occupational health early, consult with the employee about what adjustments might help, and consider reasonable adjustments before taking formal action. Incorrect assumptions can be very costly.

Another frequent issue is the absence of clear records. Employers may have acted reasonably, but if there is no evidence of what was considered, what was discussed or why a decision was reached, defending an Employment Tribunal claim becomes much harder.

Common problems include:

Documenting HR decisions is not simply an administrative exercise. It is often essential evidence if an employee later argues there was procedural unfairness, discrimination or dismissal without fair process.

Our top tip: Keep accurate notes, confirm key decisions in writing and make sure the reason for each decision is clear, consistent and supported by evidence.

Tribunal claims cost time, money and, in many cases, reputational damage, regardless of outcome. Most importantly, many are avoidable.

Getting the law wrong is one thing, but a lot of claims we see stem from getting the process wrong. A fair reason for dismissal can still be undermined by a poor process. Equally, a well-intentioned management decision can create risk if it is inconsistent, undocumented or discriminatory in effect.

If you are unsure, it is better to seek employment tribunal advice or wider employment law advice for employers proactively, rather than trying to rectify the issue after the fact.

A short conversation with our team now can help prevent a lengthy, stressful and costly claim later. Franklins’ employer-facing Employment Tribunal page confirms that the team provides clear, practical advice and representation to employers facing Tribunal claims, with the aim of minimising risk and protecting the business.

A well drafted employment contract is one of the most important documents in any working relationship. It sets out the rights and responsibilities of both employer and employee, and failing to get it right can expose businesses to significant legal risk.

Whether you are hiring your first employee or reviewing your current workforce agreements, it is important to understand what should be included, and recognise when employment contracts need to be updated.

A contract of employment is a legally binding agreement between an employer and an employee. While some terms may be agreed verbally or implied through conduct, certain written particulars must be provided by law.

Since April 2020, employees and workers have been entitled to a written statement of employment particulars which requires that certain information must be provided to an employee from day one of employment. 

Key employment contract terms typically include:

There are different types of employment contracts depending on the role, working pattern and structure of the relationship. Choosing the right type of agreement and ensuring it complies with employment law is crucial to avoid misclassification, uncertainty and future disputes.

These may include:

It is important to distinguish between an employee, worker, contractor or consultant. Getting employment status contract arrangements wrong can create risk around holiday pay, notice, tax, employment rights and termination.

Employers should take particular care when using an employment contract template, as generic documents may not reflect the role, the business or current legal requirements.

Employers often ask the same practical questions when drafting or reviewing employment contracts.

Yes, but post-termination restrictions must be carefully drafted. They must be reasonable in scope, duration and geography, and they should go no further than necessary to protect legitimate business interests.

Examples of post termination restrictions can include:

Poorly drafted restrictions may be difficult to enforce, so employers should seek employment contract advice before relying on them.

Yes, especially where pay structures are performance-related. An employment contract bonus clause or employment contract commission clause should make clear how entitlement is calculated, when payments are due and importantly, whether the arrangement is contractual or discretionary.

Clear wording can help avoid later disputes over pay, benefits or contractual entitlements.

Failing to provide a written statement of employment particulars can create legal risk. Employees and workers have the right to receive key written terms from day one. If a dispute later reaches an Employment Tribunal, failure to provide written particulars may be taken into account and could result in additional compensation in certain circumstances.

For employers, this is a straightforward compliance point that should be built into the recruitment and onboarding process.

It is important that contracts are reviewed periodically to ensure they remain compliant and fit for purpose.

Employers should consider updating employment contracts in response to:

Failing to keep contracts up to date can mean terms become unclear, unenforceable or out of step with current employment law.

A regular employment contract review can help employers identify gaps, outdated clauses and areas of risk before they become disputes.

Employment contracts are more than just paperwork. They are the legal foundation for the employment relationship.

Keeping contracts compliant and up to date helps protect your business, manage risk and maintain staff trust. It can also reduce the likelihood of an employment contract dispute, breach of employment contract claim or Employment Tribunal issue.

At Franklins Solicitors LLP, we provide employment contract advice, draft employment contracts tailored to your business needs and review contracts to ensure compliance with the latest legal standards.

Whether you are revising existing terms, introducing new contracts or dealing with changes to employment contract terms, our Employment Law team can guide you through every step.

The Employment Rights Bill received Royal Assent on 18 December 2025, becoming the Employment Rights Act 2025. While some provisions have already come into force, some of the most significant reforms for employers are scheduled for October 2026 and January 2027.

This article focuses on those upcoming changes: what they require, what they mean in practice, and what employers should be doing now to prepare.

Before addressing the changes ahead, it is worth briefly noting what has already come into force. Earlier in 2026, the following took effect:

These changes are now in force. The focus for most employers, however, is on what is still to come. The table below summarises the key upcoming changes and their expected implementation dates.

We have summarised the actions to take ahead of each deadline in a downloadable checklist for employers.

At present, there is no standalone route for employees to bring an Employment Tribunal claim specifically for harassment carried out by a third party, such as a customer, client, or contractor. The provision that had previously existed under section 40 of the Equality Act 2010 was repealed in 2013. In some circumstances, employees have pursued ancillary claims, for example based on an employer’s duty to provide a safe working environment, but there has been no direct statutory mechanism for third party harassment claims since the repeal of the earlier provisions.

From October 2026, employers will have a direct duty not to permit third parties to harass their employees in the course of their employment. Where third party harassment occurs and the employer fails to take all reasonable steps to prevent it, the employer may be liable.

Importantly, this duty will extend across all nine protected characteristics under the Equality Act 2010, not only to sexual harassment.

No statutory guidance has yet been published setting out precisely what steps employers will be expected to take. That guidance is anticipated, but employers should not wait for it before beginning to assess their position. Practical steps to consider now include:

In October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a preventative duty on employers to take reasonable steps to prevent sexual harassment in the workplace.

The Employment Rights Act 2025 strengthens this obligation. From October 2026, employers will be required to take all reasonable steps to prevent sexual harassment. The shift from “reasonable” to “all reasonable” raises the threshold and reflects a more clearly preventative approach, one focused on workplace culture rather than responding only once incidents have occurred.

No statutory guidance has yet been published under the Act to define what “all reasonable steps” will require. Regulations are expected, but notably may not be in place until 2027, which is after the October 2026 implementation date. Employers should monitor developments closely.

In the meantime, the Equality and Human Rights Commission’s eight-step guidance on preventing sexual harassment at work provides a practical starting point, and ACAS also publishes useful guidance on steps employers can take. What ultimately constitutes sufficient compliance is likely to be shaped by Employment Tribunal decisions as they emerge, and employers should take advice as the position becomes clearer. Notwithstanding this, employers should consider what more they could be doing in the meantime to meet this duty.

While legislation provides the foundation, genuine workplace equality and diversity requires proactive steps. Employers can make a tangible difference by focusing on culture, policies, training and reporting.

The time limit for bringing the majority of Employment Tribunal claims is currently three months less a day from the act or omission giving rise to the claim (e.g. from the date of termination, or the date an instance of discrimination occurred). This is however subject to the ACAS early conciliation period, where the deadline is paused, and continues following receipt by the employee of their early conciliation certificate. 

The Employment Rights Act 2025 will extend this deadline to commence a claim to six months less a day for all claim types.

This change is stated to come into effect no earlier than October 2026, and the implementation date may move beyond that.

Doubling the limitation period has material implications for how employers manage employment disputes and their record-keeping:

This is a good prompt to review document retention policies and ensure HR records are being kept consistently and in sufficient detail.

Two significant changes to unfair dismissal law are scheduled for January 2027.

Currently, employees must have at least two years’ continuous service before they can bring an ordinary unfair dismissal claim. From January 2027, that threshold will be reduced to six months.

Many will be aware that during the passage of the Employment Rights Bill, protection from unfair dismissal was initially proposed as a right from the first day of employment. The government changed this position before the Bill became law, settling instead on a six-month qualifying period.

This change has a retrospective effect. Any employee who commences employment on or after 1 July 2026 will be protected from unfair dismissal when the law changes in January 2027, even if they have not yet reached six months’ service at that point. Employers making recruitment decisions now should factor this into their planning.

The compensatory award for unfair dismissal is currently capped at the lower of the employee’s annual salary or £123,543. From January 2027, this cap will be removed entirely. The removal of the compensatory award cap changes the risk profile of unfair dismissal claims significantly. Where a claimant’s financial loss is no longer subject to a statutory ceiling, potential exposure for employers increases considerably, particularly in claims brought by higher earners. This is likely to have a direct impact on how employers approach settlement discussions and risk assessment in disputed dismissal situations.

Many employers currently operate six-month probationary periods. Part of the practical rationale for this arrangement has been that the two-year qualifying period meant that dismissals during probation carried limited unfair dismissal risk. From January 2027, that will no longer be the case.

Employers should review both the length of their probationary periods and the processes they follow during probation. Keeping clear records of performance discussions, conducting regular reviews, and following a fair process throughout will become considerably more important, and more time-sensitive, than has been required previously.

From January 2027, the Employment Rights Act 2025 will make it automatically unfair to dismiss an employee in any of the following circumstances:

The third circumstance captures both “fire and rehire” (dismissing and re-engaging the same individual on new terms) and “fire and replace” (dismissing the employee and hiring someone else to carry out the same or substantially the same role on different terms).

The Act sets out the following categories of restricted variation:

There are limited exceptions for non-local authority employers. A dismissal in the first two circumstances above will not be automatically unfair where the employer can demonstrate:

Comparable conditions apply to the third circumstance, where the relevant question is whether the financial difficulties necessitated the replacement of the employee rather than the restricted variation itself.

Different rules apply where the employer is a local authority.

Where a dismissal relates to a contractual change that does not fall within the restricted variations list, it will not be automatically unfair under these provisions. However, a Tribunal may still find such a dismissal unfair under the ordinary unfair dismissal test. Employers should ensure a fair process is followed in all cases, regardless of whether the variation in question falls within the restricted list.

The phased implementation of the Employment Rights Act 2025 gives employers time to prepare, but that preparation needs to begin now rather than in the weeks before each implementation date.

With the fire and rehire changes taking effect in January 2027, it is important to identify whether existing employment contracts contain terms that may need to be updated, and whether any unilateral variation clauses remain appropriate under the new rules.

Harassment policies, disciplinary and grievance procedures, whistleblowing policies, and probation policies should all be reviewed in light of the changes coming in October 2026 and January 2027.

The reduction in the unfair dismissal qualifying period means that the length of probationary periods and the processes followed during them require careful consideration before January 2027.

Ensuring that managers, HR teams, and business owners understand what is changing, and what it means for day-to-day decisions, is essential. Training on harassment prevention is particularly important ahead of October 2026, and training on fair dismissal procedures ahead of January 2027.

To help you plan your preparations, we have produced a practical checklist covering the key actions to take before October 2026 and January 2027.

Our employment law team regularly advises employers on changes to employment law and their practical implications. If you would like to discuss what these changes mean for your business, please do not hesitate to contact us.