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 The provision that had previously existed under section 40 of the Equality Act 2010 was repealed in 2013.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.

Organisational change is a reality for most businesses at some point, whether that involves a merger, an acquisition, outsourcing arrangements or a change of service provider. Each of these situations can carry significant legal implications for employers, particularly around the rights of employees affected by the change.

The Transfer of Undertakings (Protection of Employment) Regulations 2006, known as TUPE, is the legal framework that governs these situations. It is one of the more complex areas of employment law, and one where misunderstandings can quickly lead to tribunal claims or costly disputes.

Getting to grips with your TUPE obligations early in the process is rarely wasted effort. The earlier employers take legal advice, the more options they tend to have.

TUPE is the legal framework designed to protect employees when the business or service they work for changes hands. In simple terms, where TUPE applies employees should not lose their employment rights simply because there has been a change in employer.

The core principle is continuity. In most cases, employees transfer automatically to the new employer, as though they had always been employed by that new provider. Their existing employment terms and conditions are generally preserved, and their continuity of employment is maintained.

This is one of the key protections under TUPE and is often central to understanding employee rights.

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

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 business transfer can occur where a business, or part of a business, is sold or transferred as a going concern. This may include a business sale, an asset sale or a wider business acquisition.

For example, TUPE on business sale may apply where employees are assigned to the part of the business being sold and that business continues in broadly the same form after the transfer.

A service provision change can occur where a service is outsourced, brought back in-house, or reassigned to a new contractor.

This may include:

In broad terms, TUPE may apply where the activities carried out after the change are fundamentally the same as those carried out before the transfer.

Understanding whether TUPE applies in the first place is of fundamental importance. Misjudging this can expose employers to claims for unfair dismissal, potentially automatic unfair dismissal, or failure to inform and consult.

Under the TUPE regulations, both the outgoing employer and the incoming employer have specific responsibilities. These will vary depending on the circumstances, but key TUPE obligations for employers include the following:

The outgoing employer must provide employee liability information to the incoming employer not less than 28 days before the transfer.

This information usually includes details such as employee identities, employment terms, disciplinary and grievance records, claims, and collective agreements.

Failure to provide employee liability information can be costly. Compensation may be awarded at a minimum of £500 per employee, unless the Tribunal considers it just and equitable to award a lower amount.

Employers also have duties to inform and consult. This means informing and, where appropriate, consulting with affected employees or their representatives about the transfer and its implications.

The TUPE consultation process should not be treated as a tick-box exercise. Employees need to understand what is happening, when it is happening, why it is happening and what measures are envisaged in relation to them.

A failure to inform and consult can lead to awards of up to 13 weeks’ pay per affected employee.

One of the most important aspects of the TUPE protection for employees is that existing terms and conditions usually transfer to the new employer.

Incoming employers are often surprised to learn that they cannot simply align or amend terms after a TUPE transfer. In most cases, changes to employment contract terms will be prohibited and void if the sole or principal reason for the change is the transfer itself.

This can make harmonisation of terms following a TUPE transfer legally risky, even where the employer’s intention is to create consistency across the workforce.

Redundancy is another area where employers need to proceed carefully.

Employees are protected from dismissal where the sole or principal reason for the dismissal is the TUPE transfer. A dismissal because of a TUPE transfer will usually be automatically unfair unless there is a valid economic, technical or organisational reason, often referred to as an ETO reason, which entails changes in the workforce.

An ETO reason may relate to the structure, function or needs of the business, but it must be genuine and carefully assessed. Employers should not assume that a transfer automatically gives them a right to restructure or reduce headcount.

Where redundancy is being considered after a transfer, employers should make sure there is a lawful reason, a fair process and clear evidence supporting the decision.

Even where TUPE is correctly identified and the legal requirements are met, employers can still face a number of practical challenges.

Integrating transferring employees into an existing workforce can create tension, particularly where there are differences in pay, benefits, working patterns or day-to-day practices. Attempting to harmonise terms, for example by aligning holiday entitlement or benefits, might seem logical from a management perspective, but it can be legally risky under TUPE.

Employers should also be mindful of cultural considerations, onboarding issues and the challenge of managing employee expectations, especially where the transfer involves uncertainty, restructuring or a change in working practices.

In short, successful TUPE compliance requires more than a legal process. It requires communication, planning and careful handling of people.

TUPE remains one of the more complex and risk-prone areas of employment law. Whether you are acquiring a business, outsourcing services, preparing for a contract change or taking services back in-house, early legal advice is crucial.

Taking advice before decisions are made can help employers understand their obligations, reduce TUPE risks and avoid costly claims.

If you would like further guidance on how these changes may affect you or your business, or would like us to conduct a review of your current contracts, please get in touch.

Pride Month is a time to celebrate diversity, honour the LGBTQ+ community and reflect on the progress made toward equality. However, it also serves as a timely reminder that legal and cultural work still needs to be done, particularly in the workplace.

As employment lawyers, we regularly advise clients on navigating the Equality Act 2010 and the protection it affords against discrimination. Sexual orientation is one of the nine protected characteristics under the Act, yet individuals still face both overt and subtle forms of discrimination — from exclusionary workplace cultures to more explicit forms of bias. In this article, we explore what the law says, how employers can stay compliant and what practical steps an organisation can take to foster truly inclusive working environments.

Legal Framework

The Act forms the foundation of anti-discrimination law in the UK, which seeks to protect individuals from various forms of discriminatory treatment based on nine ‘protected characteristics’, one of which is sexual orientation.

The Protected Characteristic – Sexual Orientation

Sexual orientation is defined under the Act as a person’s sexual orientation towards:

1. Persons of the same sex;
2. Persons of the opposite sex; or
3. Persons of either sex.

The Act protects all sexual orientations and applies not only to employees but also to job applicants, workers, apprentices, shareholders and certain self-employed individuals.

Sexual orientation discrimination does not require someone to actually have or be the sexual orientation that they are believed to have. The Act also protects people from discrimination based on:

• Perception: Believing someone has a particular sexual orientation, even if they do not.
• Association: Being connected to someone who is a particular sexual orientation, such as a colleague, friend, or family member.

Types of Discrimination

1. Direct Discrimination: Occurs when someone is treated less favourably because of their sexual orientation. For example, refusing a promotion to an employee because they have a same-sex partner.
2. Indirect Discrimination: Happens when a policy or practice disadvantages people of a particular sexual orientation. For example, holding work events at venues unwelcoming to LGBTQ+ patrons. Employers can defend this if they show the action was a proportionate means of achieving a legitimate aim.
3. Harassment: Unwanted conduct related to sexual orientation that creates an offensive, intimidating, or degrading environment. This can include jokes, comments, or threats of violence.
4. Victimisation: When someone is treated unfairly for making or supporting a complaint under the Act. For example, being denied opportunities for backing a colleague’s grievance about homophobic bullying.

Employer Responsibilities

Employers have a legal duty to prevent discrimination and can be held responsible for their employees’ actions unless they can prove they took all reasonable steps to prevent it. Reasonable steps may include:

• Implementing strong anti-discrimination and equal opportunities policies.
• Conducting regular equality, diversity and inclusion (EDI) training.
• Training managers on how to handle complaints.
• Promoting an inclusive and respectful workplace culture.

Common Issues and Practical Challenges

Even with policies in place, LGBTQ+ employees often face challenges that may not meet the legal definition of discrimination but still affect wellbeing. These include:

• Microaggressions: Subtle, often unintended comments or behaviours that undermine someone’s identity.
• ‘Banter’ culture: Joking that targets someone’s sexual orientation can amount to harassment.
• Outing: Disclosing someone’s sexuality without consent, even with good intentions, may cause significant distress and be considered harassment.

Fostering a Culture of Allyship and Inclusion

Legal compliance is just the starting point. Creating a truly inclusive environment means going further. Employers can:

• Celebrate Pride Month meaningfully, not performatively.
• Highlight LGBTQ+ voices in the workplace.
• Support employee networks and mentorship programmes.
• Encourage inclusive language and behaviours.
• Review policies with input from LGBTQ+ staff.
• Make training continuous and applicable to all staff, including leadership.

What Does This Mean for You and Your Business?

Understanding your rights under the Act is key to feeling safe and respected at work. LGBTQ+ employees — or those perceived to be — are protected in all aspects of employment, from recruitment to day-to-day interactions.

If you experience or witness discrimination or harassment, you can raise it formally or informally. Your employer has a legal duty to take concerns seriously and prevent further harm.

Pride Month is a time for reflection, education and action. While legal protections are essential, true progress also requires culture change. Organisations that promote inclusion year-round benefit from stronger legal compliance, more engaged staff and safer, more productive workplaces.

If you would like any further guidance on how your business can be legally compliant with sexual orientation discrimination, or advice on how to support your employees, please contact our Employment Law team on 01604 936512 / 01908 953674 or email employment@franklins-sols.co.uk.

In workplace culture, nicknames are said to be symbols of camaraderie, personality, or a fun way to add humour to the workplace environment to make it a more enjoyable place to work. However, when banter veers into territory that touches on race, gender, age, disability, or other protected characteristics, what is once “just a joke” can become a serious legal issue for employers.

As an employment solicitor advising both growing SMEs and established businesses dotted around the UK, I have seen how this informal workplace culture that usually starts with something as seemingly harmless as a nickname, if left unchecked by employers can lead to grievances, internal investigations and costly Employment Tribunal claims.

When Nicknames Become Harassment

The Equality Act 2010 makes it unlawful to harass or discriminate against an employee on the basis of protected characteristics which include sex, race, religion or belief, disability, age, or sexual orientation. A nickname can be harmless yet unlawful. For example, “babe”, “sweetie” when calling a female colleague, “Kitkat” when referring to a colleague that ‘always’ takes a break, or “Captain Slow” to a visually impaired staff member. Such nicknames may cross the legal line if they lead to a hostile, humiliating, or degrading environment. The Tribunals have often upheld claims where employers failed to act on similar conduct. What is important here is not the intention behind the nickname that matters but how it is received.

A Culture of Risk

Nicknames can reflect deeper issues in workplace culture. If an employee feels unable to speak up, or if management brushes off complaints as oversensitivity, this creates a dangerous climate. Vicarious liability means that employers can be held responsible for acts of discrimination or harassment by their employees even if senior management was unaware.

The Tribunal in Robson v. Clarke’s Mechanical Ltd awarded almost £25,000 in compensation for age-related discrimination and unfair dismissal to a sixty-nine year old plumber nicknamed ‘half-dead Dave’ at work. Despite management insisting that they saw nothing wrong with it and it was just banter which Mr. Robson did not complain about, the Tribunal found that it was an age-related epithet that was not only derogatory but also unpleasant and distressing to Mr. Robson, although he did not complain.

What Employers Should Do

It is crucial for HR professionals, business owners or managers to create a workplace culture that balances informality with respect. Using these four practical steps can help you reduce legal exposure:

1. Reinforce policies – Ensure anti-harassment and dignity at work policies are updated and explicitly cover verbal conduct and workplace culture. Set clear expectations around language and behaviour.
2. Train regularly – Provide ongoing equality and diversity training, not just at induction. Use real-life examples to raise awareness about unconscious bias and “banter” boundaries.
3. Model from the top – Senior staff set the tone. If leadership is seen to tolerate (or participate in) inappropriate humour, it becomes part of the culture.
4. Respond properly – Investigate complaints swiftly and fairly using the ACAS Codes of Practice on discipline and grievance. Silence or minimisation can fuel claims of institutional tolerance.

Legal Support That Understands Your Business

As an Employment Solicitor at Franklins Solicitors LLP, I work closely with employers across sectors to reduce risk, resolve conflict early and maintain healthy workplace cultures. If your business needs support navigating sensitive conduct issues, defending a tribunal claim, or conducting workplace training, we’re here to help.

Don’t wait until a nickname lands you in legal hot water.

If you’d like to discuss how we can assist with your employment law matter, please contact our Employment Law team on 01604 936512 / 01908 953674 or email employment@franklins-sols.co.uk.