Following our latest Employment Law Seminar with Cas Carrington, we’ve rounded up some of the key developments employers, HR teams and managers should have on their radar.
On 30 September, we welcomed clients to The Lion House for our latest Employment Law Seminar with employment law specialist Cas Carrington.
As always, Cas provided a practical look at the changing employment law landscape – cutting through the complexity to explain what the latest developments could mean for employers in practice.
With significant changes taking effect over the coming months, here are some of the key points discussed on the day.
Unfair dismissal is changing
One of the most significant changes discussed was the reduction in the qualifying period for ordinary unfair dismissal claims.
From 1 January 2027, the qualifying period is due to reduce from two years to six months.
For employers, this puts even greater importance on the early months of employment.
Probation periods shouldn’t simply be an administrative milestone. Managers need clear objectives, regular reviews and documented conversations so that performance or conduct concerns are identified and addressed early.
The key message from the seminar was simple:
‘Don’t wait until the end of probation to decide whether someone is right for the role.’
The unfair dismissal compensation cap is being removed
Another important change is the removal of the compensation cap for unfair dismissal.
Currently, compensation is subject to a statutory cap. Removing this could significantly increase the potential exposure for employers, particularly in cases involving higher earners.
Actual losses and an individual’s responsibility to mitigate those losses will remain important, but the change could alter the risk associated with unfair dismissal claims.
For employers, following a fair process – and documenting it – will become even more important.
Employees will have longer to bring tribunal claims
The seminar also highlighted changes to Employment Tribunal time limits.
For many claims, the window for bringing a claim is increasing from three months to six months.
That means employers could face a longer period of uncertainty following an employment dispute or dismissal.
Cas also highlighted the existing pressures on the tribunal system, with cases already facing significant delays.
For businesses, good record keeping will therefore become increasingly important. Documents, meeting notes and evidence may need to be relied upon considerably later than they are today.
Third-party harassment: employers need to think beyond their own workforce
Another important area discussed was harassment by third parties.
This isn’t simply about the behaviour of colleagues. Employers need to consider situations where employees interact with customers, clients, contractors, suppliers and members of the public.
The practical message for employers is to think about where the risks exist within their own organisation and what reasonable steps can be taken to reduce them.
That could include reviewing risk assessments, policies, employee training and expectations communicated to third parties.
Fire and rehire will become significantly more difficult
Changes surrounding dismissal and re-engagement – commonly known as ‘fire and rehire’ – were another key topic.
Certain contractual changes could result in a dismissal being automatically unfair where an employer dismisses an employee and offers to re-engage them on different terms.
This makes the wording and flexibility within employment contracts increasingly important.
Employers may want to review contracts now and consider whether they provide appropriate flexibility around areas such as working arrangements, hours and location.
However, contractual flexibility doesn’t remove the need for employers to act reasonably and follow appropriate processes.
Trade union rights are changing
Trade union access and recognition were also discussed.
Changes are expected to give trade unions greater rights to communicate with workers and access workplaces, with formal processes governing how employers should respond to requests.
Employers will also have responsibilities around informing workers of their right to join a trade union.
For organisations that haven’t traditionally had much interaction with trade unions, this is an area worth becoming familiar with before the new requirements take effect.
More employment law changes are still to come
A recurring theme throughout the seminar was that the employment law landscape is still developing.
Further changes and consultations include areas such as:
- protections relating to pregnancy and maternity
- Carer’s Leave
- bereavement and pregnancy-loss leave
- zero and low-hours contracts
- collective redundancy consultation
- flexible working
- trade union rights.
Some of the detail is still subject to consultation and secondary legislation, so employers shouldn’t necessarily make changes based on proposals alone.
Instead, businesses should understand what’s coming, keep policies and contracts under review and be ready to respond once the final requirements are confirmed.
What should employers be doing now?
Perhaps the biggest takeaway from the morning was the importance of preparation.
Employment law is changing quickly, but businesses don’t need to wait until every change takes effect before reviewing how they manage their people.
Now is a good time to look at:
Probation processes – Are managers holding meaningful reviews and addressing issues early?
Employment contracts – Do they provide appropriate flexibility for the way your business operates?
Policies and procedures – Are they current, practical and actually being followed?
Manager training – Do managers understand their responsibilities and know when to ask for support?
Record keeping – Could you demonstrate the decisions and processes followed if they were questioned months or even years later?
Preparing now could make navigating the changes ahead considerably easier.
Pursuit has worked with Cas for more than 20 years, and our Employment Law Seminars continue to be an important part of our events programme.
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