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.

Gender discrimination at work remains a real issue for many employees, despite the legal protections that exist in the UK. Employees may experience unfair treatment, exclusion, harassment or inappropriate comments because of sex, gender reassignment or sexual orientation.

The UK’s legal framework has made significant progress in protecting individuals from workplace discrimination. However, many employees still feel unable to be open about aspects of their identity at work because of fear of discrimination, harassment or being treated differently.

For employers, understanding gender discrimination is essential. It is not only about legal compliance, it is also about creating a respectful, inclusive workplace where employees feel safe and able to contribute fully.

At the heart of UK workplace equality protections is the Equality Act 2010. This legislation provides a framework for protecting individuals from discrimination, harassment and victimisation because of protected characteristics. These include sex, gender reassignment and sexual orientation.

Under the Equality Act 2010, employers must not:

Gender discrimination can take many forms. Some are obvious, while others are more subtle.

Examples may include:

Employers should be alert to both individual incidents and wider cultural issues. A workplace can appear compliant on paper while still allowing behaviour that makes employees feel unsafe, excluded or unable to be themselves.

A key protection within the Equality Act 2010 is gender reassignment as a protected characteristic. The Act states that a person has the protected characteristic of gender reassignment if they are proposing to undergo, are undergoing, or have undergone a process, or part of a process, for the purpose of reassigning sex.

This means employees are protected from gender reassignment discrimination at work across the employment lifecycle, including recruitment, promotion, training, workplace conditions, disciplinary matters and dismissal.

Employers should respect an employee’s gender identity and ensure that workplace policies and practices are applied sensitively and lawfully. This may include considering:

Supporting transgender employees is not about creating special treatment. It is about ensuring fair treatment, dignity and compliance with the law.

Sexual orientation discrimination is also prohibited under the Equality Act 2010. Sexual orientation is a protected characteristic, and employees should not be treated less favourably because they are gay, lesbian, bisexual, heterosexual or because of assumptions about their sexual orientation.

Examples of sexual orientation discrimination at work may include:

A safe workplace for LGBTQ employees requires more than policies. It requires managers to respond promptly and consistently where concerns are raised.

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.

Equality, diversity and inclusion training helps managers and employees understand expected standards of behaviour, the legal framework and how discrimination can arise.

Training should cover direct discrimination, indirect discrimination, harassment and victimisation, as well as practical examples of how issues may appear in day-to-day workplace situations.

Employers should review their anti-discrimination policies to ensure it is clear, inclusive and up to date.

This may include policies on:

A strong workplace equality policy should explain what conduct is unacceptable, how concerns can be raised and how complaints will be handled.

Employee networks can help provide safe spaces for staff to share experiences, raise concerns and contribute to workplace improvements.

An LGBTQ employee network can also help employers better understand practical barriers employees may face and how workplace culture can be improved.

Employees must know how to raise concerns and trust that complaints will be taken seriously.

A clear workplace harassment reporting process helps ensure complaints are dealt with swiftly and effectively. Employers should also protect employees from victimisation where they raise or support a discrimination complaint.

A genuinely inclusive workplace culture requires leadership, consistency and accountability. Employers should be clear that sexist, homophobic or transphobic behaviour will not be tolerated.

Creating an LGBTQ inclusive workplace means ensuring employees feel respected and able to bring their whole self to work, without fear of being treated unfavourably.

The legal framework provides robust protection, but genuine equality requires more than compliance.

For workplaces to thrive, employers must commit to building a culture where every employee, regardless of sex, gender identity or sexual orientation, feels safe, respected and supported.

At Franklins Solicitors LLP, our Employment Law team advises both employers and employees on workplace discrimination, equality policies and Employment Tribunal claims. If you need advice on gender discrimination at work, workplace equality or how to respond to a discrimination concern, our team can help.

Settlement agreements are a common feature of employment law. They are often used to bring an employment relationship to an agreed end on mutually acceptable terms.

Whether you are an employer offering one, or an employee considering signing one, it is important to understand what a settlement agreement means, what rights are being waived and what questions should be asked before proceeding.

Below are five of the most frequently asked questions about settlement agreements and the key points to consider.

A settlement agreement is a legally binding document used to resolve workplace disputes or end employment without the risk of future claims. In exchange for a financial payment or other agreed benefits, the employee agrees to waive their right to bring most legal claims against the employer, such as unfair dismissal or discrimination.

Common situations where a settlement agreement may be used include:

For a settlement agreement to be valid, the employee must receive independent legal advice from a qualified adviser. In practice, the employer will often make a contribution towards the employee’s legal fees.

Settlement discussions often begin with a ‘protected’ or ‘without prejudice’ conversation. These discussions are intended to allow the parties to speak openly about resolving matters, usually on a confidential basis.

A settlement meeting may take place in person or remotely. In either format, employees should usually be given the opportunity to:

Employees should never feel pressured into making a snap decision. It is also important to note that a settlement offer is not binding until the settlement agreement itself has been signed by the employer and employee, and the adviser has signed the adviser’s certificate.

Settlement agreements can vary significantly depending on the circumstances. However, they commonly include:

It is also important to consider whether there are any restrictive covenants or post-termination restrictions that may affect future employment. 

In most cases, no. The purpose of a settlement agreement is for the employee to waive their right to bring most future legal claims against the employer, even those they may not yet be aware of.

However, there are some exceptions. A settlement agreement cannot usually waive claims relating to:

Employees should always make sure they understand the full scope of the waiver before signing. This is one of the reasons independent legal advice is required.

A settlement agreement is voluntary. If an employee chooses not to sign, the position will revert to how things were left before the settlement was proposed. Depending on the circumstances, this can mean that the employer may proceed with a disciplinary, redundancy, capability or dismissal process.

Declining the agreement does not waive the employee’s rights. The employee may still raise a grievance, negotiate different terms or pursue a claim in the Employment Tribunal where appropriate.

That said, it is sensible to obtain independent legal advice early so that the employee understands the risks and benefits of each option.

If you have received a settlement agreement, it is important not to sign until you have taken legal advice. An advisor should explain what the agreement means, whether the offer appears reasonable and whether any changes should be requested.

Advice may cover:

Taking advice gives employees clarity before making a decision.

For employers, a settlement agreement can provide certainty and reduce the risk of future claims. It can be particularly useful where there is a workplace dispute, performance concern, redundancy situation or mutually agreed exit.

However, employers should be careful when offering a settlement agreement. The process should be handled sensitively and in a way that does not create unnecessary risk.

Employers should consider:

Early legal advice for employers can help ensure the process is handled properly and compliantly.

Settlement agreements can offer a clean break for both parties, but they require careful thought and clear advice.

Whether you are negotiating terms, reviewing a draft agreement or considering offering one, it is important to ask the right questions and protect your position.

At Franklins Solicitors LLP, we provide expert, independent legal advice on settlement agreements for both employees and employers. If you have received one or are considering offering one, our Employment Law team can help you navigate the process confidently and compliantly.

Neurodiversity in the workplace is gaining well-deserved attention. It refers to the natural differences in how people think, learn, communicate and process information. Conditions such as ADHD, autism, dyslexia, dyspraxia and Tourette’s syndrome are just a few examples that may fall under this broad umbrella.

Many neurodivergent employees feel the need to hide their differences in order to fit in, often because of stigma, misunderstanding or fear of being treated differently. This can affect not only their wellbeing, but also their ability to perform at their best.

For employers, understanding neurodiversity at work and recognising when a neurodivergent condition may amount to a disability under the Equality Act 2010 is essential. By doing so, organisations can create a more inclusive workplace where employees feel supported and empowered to succeed.

Being neurodivergent can amount to a disability under UK law where certain legal requirements are met.

Section 6 of the Equality Act 2010 states that a person has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

This means that some employees with ADHD, autism, dyslexia, dyspraxia, Tourette’s syndrome or other neurodivergent conditions may be protected from disability discrimination.

Where the definition of disability is met, employees are protected from discrimination and may be entitled to reasonable adjustments to help them carry out their role effectively.

Supporting neurodivergent employees is not only about legal compliance. By recognising and valuing the unique strengths, perspectives and problem-solving approaches neurodivergent employees may bring, employers can also benefit from a more diverse and effective workforce.

A genuinely neurodiverse workplace can support:

Employers who overlook neurodiversity risk missing both the legal duties and the practical benefits of supporting employees properly.

Raising neurodiversity awareness is an important first step.

Neurodiversity training for managers and colleagues can help people understand the different ways neurodivergent employees may experience work. It can also reduce stigma and help managers respond in a more informed and supportive way.

This does not mean making assumptions about what someone can or cannot do. It means creating a workplace where differences are understood and employees are treated with respect.

Some employees may choose to disclose a neurodivergent condition, while others may not. Employers should aim to create a culture where employees feel safe to have open conversations without fear of negative consequences.

Safe disclosure practices should focus on confidentiality, sensitivity and support. Employees should know who they can speak to and how information will be handled.

This can be supported by a clear equality, diversity and inclusion policy.

Where an employee discloses a neurodivergent condition, or where support needs are unclear, employers may wish to seek occupational health advice.

Occupational health advice can help employers understand how the condition may affect the employee at work and what adjustments may be appropriate.

However, occupational health should not replace a direct conversation with the employee. The employee’s own experience and views should remain central.

Employers should engage in honest, supportive conversations with the employee about their needs, challenges and preferences.

A collaborative approach is often the most effective way of identifying reasonable adjustments for neurodivergent employees. What works for one person may not work for another, even where employees have the same diagnosis.

For example, support for ADHD at work may look different from support for autism at work or dyslexia at work.

Reasonable adjustments will depend on the employee, their role and the impact of their condition. Examples of workplace adjustments for neurodiversity may include:

The key is to consider the individual circumstances and avoid a one-size-fits-all approach.

Employers should ensure that company policies and recruitment processes are inclusive and accessible to neurodivergent candidates and employees.

This may include reviewing:

A neurodiversity workplace policy can help provide clarity, but it should be supported by manager training and day-to-day practice. Policies alone are unlikely to be enough if managers do not understand how to apply them.

Adjustments should be reviewed periodically with the employee to ensure they remain effective. Support needs can change over time, particularly where the employee’s role, working environment or responsibilities change.

Ongoing support can help neurodivergent employees thrive in the long term and can also reduce the risk of issues escalating into grievances, performance concerns or discrimination complaints.

By integrating these steps into workplace practices, employers can build a supportive environment where neurodivergent employees feel valued and able to contribute their best.

For employers and HR professionals, it is worth reflecting on how your organisation currently supports neurodivergent colleagues. Small adjustments, open conversations and informed management can make a significant difference.

Pregnancy and maternity leave are key areas of protection under UK employment law. Yet many employers, and even some employees, still misunderstand or overlook the legal obligations and rights that apply.

In this article, we outline the core protections around pregnancy rights at work, maternity leave rights and redundancy during maternity leave, with a particular focus on redundancy, returning to work and dismissal risks.

Under the Equality Act 2010, pregnancy and maternity are protected characteristics. This means that any unfavourable treatment related to pregnancy or maternity leave can amount to pregnancy discrimination or maternity discrimination, regardless of how long the employee has been employed.

Common examples of pregnancy and maternity discrimination may include:

Importantly, protection starts once the employee informs the employer of their pregnancy and continues through the protected period.

Employees on maternity leave have long had the right to be offered suitable alternative employment in a redundancy situation, where such a role exists. This gives them priority over other employees who are also at risk of redundancy.

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extended this protection. The enhanced protection can now cover:

This is a significant development in pregnancy employment law and means employers must be particularly careful when managing redundancy while pregnant, redundancy on maternity leave or redundancy shortly after an employee returns to work.

Failure to offer a suitable alternative role, where one is available, may render a subsequent dismissal automatically unfair and discriminatory.

Yes, an employee can be made redundant while on maternity leave, but only where there is a genuine redundancy situation and the process is fair.

Maternity leave must not be the reason for the redundancy. Employers must also ensure that employees on maternity leave are not disadvantaged by the process, for example by being excluded from consultation or scored unfairly because of maternity-related absence.

A fair maternity leave redundancy process should include:

Employers should carefully document the redundancy process maternity leave decisions, particularly where several employees are affected.

One of the most important maternity redundancy rights is the right to be offered suitable alternative employment where such a vacancy exists.

This is not simply a right to apply or be considered. Where the statutory protection applies, the employee should be offered the suitable alternative role in priority to other employees at risk of redundancy.

For employers, this means it is essential to identify whether any suitable roles exist before confirming a dismissal. Failure to do so can create significant legal risk.

Employees also have important rights when returning from maternity leave.

After Ordinary Maternity Leave, which is the first 26 weeks, employees are generally entitled to return to the same job they had before their leave.

After Additional Maternity Leave, which covers weeks 27 to 52, a different role can only be offered if it is not reasonably practicable for the employee to return to the original role. Even then, the alternative role must be suitable and on no less favourable terms.

Returning employees should not be penalised, demoted or excluded from opportunities. A demotion after maternity leave, exclusion from work opportunities or unfavourable treatment on return may amount to unlawful detriment, maternity discrimination or, in serious cases, constructive dismissal.

There are five potentially fair reasons to dismiss an employee under UK law. Pregnancy and maternity leave are, of course, not among them.

A dismissal linked to pregnancy or maternity leave may be:

Importantly, employees do not need two years’ service to bring claims relating to automatically unfair dismissal because of pregnancy or maternity, or discrimination.

This means employers should take particular care before making decisions involving pregnancy dismissal, maternity leave dismissal, dismissal during maternity leave or dismissal shortly after an employee returns to work.

To reduce risk and promote fair treatment, employers should:

Returning from maternity leave can be a challenging transition. Clarity about what the employee is returning to, and how any changes affect them, is essential.

If in doubt, employers should seek legal advice early. Claims for unfair dismissal or pregnancy discrimination at work can be costly, not only financially but also in terms of reputation.

Understanding and complying with legal obligations is therefore not only a matter of law. It is a critical part of building a fair, supportive and inclusive workplace.

If you would like further guidance on maternity leave, redundancy or the legal protections in place for pregnant employees, please contact our Employment Law team.

Age discrimination at work is, unfortunately, something that still exists in many workplaces, even though it is unlawful under employment law. If you have ever felt sidelined, overlooked or treated less favourably simply because of your age, it is important to understand your rights and the steps you can take.

Our Employment Law team often speaks to individuals who are unsure whether their experience at work amounts to age discrimination. This article outlines how to recognise potential age discrimination in the workplace and what you can do if you think you have been affected.

Under the Equality Act 2010, age is one of the protected characteristics. This means it is unlawful for an employer to treat you unfairly because of your age, whether you are young, older, or somewhere in between.

Age discrimination employment law applies at different stages of employment, including recruitment, promotion, training, day-to-day treatment at work, redundancy and dismissal.

Direct age discrimination occurs where someone is treated less favourably because of age.

For example, an employee may be refused promotion because they are considered “too old” for the role, or a younger employee may be overlooked because they are seen as lacking maturity, despite having the right skills and experience.

Indirect age discrimination can occur where an employer applies a policy, rule or practice that disadvantages people of a particular age group and cannot be objectively justified.

For example, requiring a certain number of years’ experience for a role may disadvantage younger applicants if the requirement is not genuinely necessary.

Age harassment at work involves unwanted conduct related to age that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

This may include repeated jokes, comments or assumptions about someone being “too old”, “too young”, “past it” or unable to keep up.

Age victimisation can happen where someone is treated badly because they have complained about age discrimination, raised a grievance, or supported someone else’s discrimination complaint.

Age discrimination can sometimes be subtle. It may not always involve an obvious comment or decision. However, common warning signs include:

These are only examples. The key question is whether you have been treated unfairly because of age.

Age discrimination in recruitment can arise before employment has even started. Employers should be careful with job adverts, shortlisting criteria and interview questions.

Phrases such as “young dynamic team”, “recent graduate” or “mature person required” may create risk if they suggest a preference for a particular age group and cannot be objectively justified.

Age discrimination can also arise in promotion or training decisions. For example, it may be discriminatory to assume an older employee is not interested in development opportunities, or to assume a younger employee is not ready for responsibility simply because of their age.

Yes. Age discrimination does not only apply to older employees.

Younger employees can also experience age discrimination at work. Examples may include being excluded from promotion, not being taken seriously, being paid less without a lawful basis, or being told they are “too young” for a role despite having the necessary skills.

The law protects employees from unfair treatment because of age, whatever their age.

If you believe you have been discriminated against because of age, there are practical steps you can take.

Make a note of incidents, dates, names and what was said or done. Keep relevant emails, messages, meeting notes, job adverts or performance records.

This can help if you later need to show a pattern of age discrimination examples at work or provide evidence during an internal process or Employment Tribunal claim.

If you feel comfortable doing so, you may wish to raise the issue informally with your manager or HR.

Sometimes concerns can be resolved quickly, particularly where comments or decisions have been made without proper thought. However, you should not feel pressured to deal with serious discrimination informally if that does not feel appropriate.

If the issue continues, or if it is serious, you can submit an age discrimination grievance. This creates a written record and gives your employer an opportunity to investigate.

A clear grievance should explain what happened, why you believe it was connected to age, who was involved, and what outcome you are seeking.

Speaking to an employment solicitor early can help you understand your age discrimination legal rights, the strength of your position and the options available.

There are strict time limits for discrimination claims. In most cases, you have three months less one day from the discriminatory act to start the Employment Tribunal process. ACAS Early Conciliation will usually be required before a Tribunal claim can proceed.

If the matter cannot be resolved internally, you may be able to bring an age discrimination claim in the Employment Tribunal.

An age discrimination employment tribunal claim can include complaints relating to recruitment, promotion, dismissal, redundancy, harassment, victimisation or other unfair treatment connected to age.

For legal advice on any employment-related matter, our Employment Law team at Franklins Solicitors LLP is here to help.

We advise employees on age discrimination rights at work, formal grievances, ACAS Early Conciliation and Employment Tribunal claims. We also support employers in managing workplace concerns, reducing legal risk and ensuring fair processes are followed.

Menopause in the workplace is an important issue for employers and employees alike. Menopause is a natural stage of life, but symptoms can significantly affect an employee’s comfort, confidence and ability to work.

Increasingly, businesses are recognising the importance of menopause support at work, not only as a matter of wellbeing, but also because of their legal responsibilities as employers.

In this article, we explain menopause rights at work, the legal protections that may apply, and the steps employers can take to create a fair, supportive and legally compliant workplace.

Menopause at work can affect employees in different ways. Symptoms of menopause and perimenopause may include fatigue, hot flushes, poor sleep, memory lapses, anxiety, low mood and difficulty concentrating.

For some employees, symptoms may be manageable. For others, they can have a real impact on day-to-day working life. Without appropriate understanding and support, employees may struggle, take sickness absence, feel embarrassed about raising concerns, or even leave their employment prematurely.

This is why menopause awareness in the workplace is so important. Employers who fail to provide a supportive environment risk losing valuable talent and may also expose themselves to claims under employment and equality law.

TUPE applies where there is a relevant transfer, and there are two main scenarios in which the TUPE regulations are typically triggered.

There is currently no standalone UK legislation dealing specifically with menopause. However, existing employment laws provide important protections.

Under the Equality Act 2010, employees must not be discriminated against because of protected characteristics such as age, sex or disability.

In some cases, severe menopause symptoms may amount to a disability if they have a substantial and long-term adverse effect on an employee’s ability to carry out normal day-to-day activities. This means that menopause disability discrimination claims may arise where symptoms are not handled appropriately.

Employees may also have claims connected to menopause sex discrimination, menopause age discrimination, harassment or victimisation, depending on the circumstances.

Employers have a duty to provide a safe working environment. In the context of managing menopause at work, this may include considering whether working conditions are making symptoms worse and whether practical adjustments could help.

Employees are protected from unfair dismissal. Treating someone unfairly, disciplining them or dismissing them because of menopause symptoms could potentially lead to claims, including constructive unfair dismissal in serious cases.

Employers should take proactive steps when supporting menopause in the workplace. This is not about giving preferential treatment; it is about recognising that employees may need sensible support to continue working effectively.

Practical menopause employer responsibilities may include the following.

A clear menopause policy can help employees understand what support is available and how to raise concerns.

A good menopause workplace policy may set out:

Having a menopause policy for employers can also help managers respond consistently and sensitively.

Menopause training for managers is a key part of creating a supportive workplace culture.

Line managers are often the first people employees speak to, so they should understand common symptoms, know how to approach conversations sensitively, and recognise when HR support or legal advice may be needed.

Training can also help avoid inappropriate comments, assumptions or dismissive responses, all of which could increase the risk of menopause discrimination complaints.

Where menopause symptoms are affecting an employee at work, employers should consider whether menopause reasonable adjustments or practical workplace adjustments may help.

Examples of reasonable adjustments for menopause may include:

These workplace adjustments for menopause should be considered on a case-by-case basis. What is helpful for one employee may not be necessary or appropriate for another.

Employers should be careful when applying sickness absence or performance management procedures where menopause or perimenopause symptoms may be involved.

A menopause sickness absence policy or clear guidance within an existing absence policy can help ensure menopause-related absences are treated fairly and not automatically viewed as poor attendance or poor performance.

Similarly, if an employee is experiencing concentration difficulties, fatigue or anxiety, employers should consider whether support is needed before moving straight to formal performance action.

Creating a culture where staff feel comfortable discussing menopause is one of the most effective ways to reduce risk and improve wellbeing.

Menopause open conversations at work should be handled with sensitivity and confidentiality. Employees should not feel embarrassed, judged or worried that raising concerns will affect their career.

A workplace that takes menopause inclusion seriously is more likely to retain experienced employees, reduce absence and demonstrate a genuine commitment to equality, diversity and staff wellbeing.

It is also important not to overlook perimenopause at work. Perimenopause can begin years before menopause itself and may involve many of the same symptoms, including sleep disruption, anxiety, brain fog and changes in mood.

Employees experiencing perimenopause may also have legal protections, depending on how symptoms affect them and how they are treated at work. Employers should approach perimenopause support at work in the same practical and sensitive way.

Employers who ignore menopause awareness workplace issues may face claims relating to discrimination, harassment, victimisation or constructive unfair dismissal.

Menopause employment tribunal claims are increasingly being reported, and Tribunal decisions have highlighted the importance of taking symptoms seriously, avoiding stereotypes and ensuring managers respond appropriately.

Proactive management is not only a legal safeguard. It also demonstrates commitment to equality, diversity, inclusion and staff wellbeing.

At Franklins Solicitors, our Employment Law specialists advise both employers and employees on workplace rights and responsibilities surrounding menopause.

We can assist with:

If you would like advice on menopause in the workplace, workplace policies or any employment law matter, please get in touch with our Employment Law team. We are here to support both employers and employees in building fair, respectful and legally compliant workplaces.