We hosted a webinar on the Employment Rights Act at the end of January. At the end of our session, we asked attendees which areas they wanted to learn more about as we wanted an indication of the topics that were top of mind. The top three topics were:
Unfair Dismissal, Probationary Periods, Statutory Sick Pay (SSP)

We were not surprised to see Unfair Dismissal at the top of the list even though this change does not come into effect until January 2027. With the period within which an employee could claim Unfair Dismissal reduced from 2 years to 6 months, this presents a significant shift in the Employment landscape. In essence, this means that employees employed from now will actually have these rights from next January.

Probation periods came second place in our list. Again, most probation periods are set for six months. With the right to claim unfair dismissal now at 6 months, how best can you ensure that new hires are fit for the role without risk?

Statutory Sick Pay becomes Day one right in April. Currently employees are entitled to this on Day 4 of sickness.

What should you be doing? We’ve compiled a checklist along with other useful resources on our ERA page, in a nutshell, here’s a quick summary:

– Update payroll systems with new statutory rates including changes to Statutory Sick Pay from Day one
– Review and refresh contracts and HR policies
Provide line manager training on best practice Recruitment, Onboarding, and Probation processes
– Audit ongoing cases for compliance risk
Communicate changes clearly to employees

Since July 2024 when the Labour government came into power, promising to change the Employment Law landscape, everyone has been waiting for the Employment Rights Bill.

Throughout 2025, the Bill went through the legislative process, through the House of Commons, then the House of Lords who sought to bring about some amendments, and then back to the House of commons. The changes will come into effect once the Bill becomes law, and will be then implemented in 2026 and 2027.

We have advised our clients to prepare for these changes by revising policies and upskilling managers who will be responsible for dealing with the majority of the issues such as the proposed probation period, which will be set to provide protection for the employer against possible unfair dismissal claims. Currently this period is two years, and the Government has indicated that it will be reduced.

The trend for hybrid working continued. According to Personnel Today, about 28% of UK office wokers report hybrid working. We have seen this trend too, recently when hiring for a client, we saw candidates turning down roles that demanded more than 3 days in office presence. A report from the CIPD cited that 1.1 million employees left jobs in the past year due to lack of flexible working. What can you do to ensure that you provide flexibility for your employees given that this is now the expectation? Which policies do you have around Flexible and Hybrid Working?

In our May 2025 update, we discussed the importance of wellbeing and mental health. We noted that mental health had gained importane during the pandemic and that five years on, it’s still important to support employees. Not much has changed since the pandemic, many people are still experiencingt stress challenges which cause high levels of sickness absence, impacting on productivity so employers are now expanding well-being benefits like mental health programs and occupational health. We have a cost-effective programme to offer clients. Please get in touch to find out more.

A new season is always time for reflection and reset.  Review what’s been achieved so far in the business in the year and where the business stands agains annual targets.  Revisit projects and decide the ones that are essential for year-end delivery and those that can be pushed into the new year.   Keep employees informed about these targets and how they translate into business goals.  They will feel more focused and less overwhelmed when priorities are clear and realistic.  One of our clients is organizing a fun and engaging Off-Site to do this.

Employment Rights Bill

With the upcoming Employment Rights Bill, employers will need to review their policies and procedures as well as contracts of employment to comply with the changes when they become Law.   This is a good time to conduct a HR policy audit.  Being proactive now reduces risk and ensures your business remains compliant well before changes come into effect.

Right to Work checks

Right to work checks are a crucial part of the employment process in the UK, ensuring that employers do not inadvertently employ individuals who do not have the legal right to work.   These are regularly overlooked but the penalties can be some of the harshest applied.

Employers have a legal duty to check specified documents or use the Home Office online right to work service to verify an individual’s right to work before they commence employment. This is not only a legal obligation but also a necessary step to avoid civil and criminal penalties associated with illegal working.

Employers must not make assumptions about a candidate’s right to work based on race or nationality and should carry out checks for all new recruits, including British citizens. 

Employers must retain copies of the documents checked for the duration of the individual’s employment and for two years after termination. It is also essential for employers to continue to monitor the immigration status of those employees with time-limited permissions, to ensure compliance with immigration laws.

If an employer discovers that an employee does not have the right to work, they must take appropriate action to terminate the employment as soon as possible.  In these circumstances no notice period is required as the contract becomes void due the illegality of continued employment

Overall, maintaining robust systems for right to work checks is vital for compliance and to mitigate risks associated with illegal employment as failure to comply with these requirements can lead to criminal penalties and civil liabilities

Employee wellbeing remains at the top of the HR agenda.   The combination of darker days, increased workloads, and cost-of-living pressures can affect morale and performance. We know that the increases in Employer National Insurance and the National Minimum wage have led to cost increases for our clients.  Pay rises may now be tricky, recent research suggest the weakest pay growth in three years.  Non-monetary benefits can make up for this.  Consider what you can do to engage your workforce.  Things like flexible working, on the spot recognition programmes using a platform such as the one provided by Menzies Employee Benefits, Employee Assistance Programmes (EAP) are all ways in which employees can feel valued.

These benefits focus on improving wellbeing and work life balance and are often more valuable than financial benefits.

The months ahead are likely to be busy and uncertain. Whether it’s shifts in the economy, new regulation, or evolving employee expectations, resilience is key. Use autumn as an opportunity to scenario-plan, build flexibility into your workforce strategy, and create a culture where people can adapt quickly and confidently.

Autumn like any new season is a time for change, a strategic reset for everyone. By helping employees back into routines, re-aligning priorities, and focusing on wellbeing, flexibility, and skills, your business can ensure it’s ready for a successful end to 2025 and secure the foundations for a resilient 2026.