Disciplinary and Grievance Procedures, Absence and Performance Management

In June the Ministry of Justice announced new legislation under the Victims and Prisoners Act 2024 which affects NDAs and confidentiality clauses.* Related guidance, published at the beginning of June, sets out the impact of this legislation on the enforceability of such agreements.

Digital nomadism - working remotely from outside the UK - is on the rise. Some estimates suggest 165,000 British citizens are living and working abroad as digital nomads for on average seven months of the year. But allowing staff to work overseas, even temporarily, can trigger a complex mix of immigration, tax, and employment law issues. 

The UK’s Employment Rights Bill, described as “the biggest upgrade to workers’ rights in a generation,” was unveiled in October 2024. In December, we provided an overview of its key provisions and their implications for both employers and employees.

From 6 April 2025, the Neonatal Care (Leave and Pay) Act 2023 introduces statutory rights for employees whose babies require neonatal care. With around 1 in 7 babies admitted to neonatal care after birth, the government estimates these rights will support 60,000 parents annually. 

In a judgment in October 2024 in the case of De Bank Haycocks v ADP RPO UK Ltd [2024] EWCA Civ 1291, the Court of Appeal confirmed that general workforce consultations over redundancies of less than 20 employees in non-unionised workforces are not compulsory and that the fairness of a redundancy process must be assessed on a case-by-case basis.

The Court of Appeal’s recent decision in the case of Higgs v Farmor’s School is a significant development in the law relating to religion and belief discrimination and managing conflicting views in the workplace.

Swiss-American psychiatrist, theorist of the five stages of grief, and pioneer of palliative care, Dr Elisabeth Kübler-Ross, once explained that you never “get over” losing a loved one; it forever forms a part of you. It is profoundly and irrevocably changing, and is as personal to you as your fingerprint.

The UK’s new Employment Rights Bill, labelled as “the biggest upgrade to workers’ rights in a generation”, was unveiled in October 2024. The Bill represents a transformative shift in labour legislation, aimed at modernising employment practices and offering enhanced protections for employees. 

On 18 November 2024, the SRA published its updated and now finalised guidance on internal investigations.

The recent EAT Judgment in Gallagher v McKinnon’s Auto and Tyres Limited is a useful decision for employers, having upheld the employer’s position regarding the inadmissibility of evidence relating to what was said in some pre-termination negotiations.

Miss C Baldwin (CB) was employed by Cleves School (the school) as a newly qualified
teacher (NQT) from September 2014 until CB’s resignation on March 18, 2015. Ms Miller
was designated CB’s mentor. Mr Hodges was the headteacher of the school.
Because of ill health, at the time of accepting the role CB had not completed her
postgraduate certificate in education (PGCE). CB had a number of absences during her
first term at the school.

I appreciate that the festive season is still a way off but, for some employers, the time is nigh for planning the staff Christmas party—booking the venue, sorting the entertainment, and mentally bracing for Chris Rae on repeat. For most, the next couple of months will be a time of merriment—of taking stock, being thankful for what you have, and planning for the year ahead. Unfortunately, for employment lawyers, we are likely to see an uplift in our workload as December approaches and Christmas party merriment crosses the line into misconduct. I don’t mean to be a killjoy, but it happens every year. Without fail.

Waqar Shah and Andy Norris analyse the latest decision of the Supreme Court in the case of Professional Game Match Officials Ltd, which has been referred back to the First-tier Tribunal.

For many of us, balancing the responsibilities we have at home and at work can be demanding. For modern families this balancing act can create very real challenges, which are different for each member of a family as they navigate their way through parenthood.

Our employment law experts Nikola Southern and Kirsty Churm take a look at what we know so far about the Government's main EMployment law proposals and what they might mean for employers and workers

Inspired by Olympic fever in France and around the world this summer, the Anglo-French group has prepared comparative timelines of impactful employment laws in France and England since the 1924 Olympic Games in Paris.

France has been celebrating the return of the Jeux Olympiques to Paris after 100 years with a flamboyant opening ceremony along the Seine and an impressive medal hold. The Paralympic Games will conclude on Sunday and have seen more than 4,000 athletes competing in 549 medal events. It is only 12 years ago that Britain was itself embracing the excitement and spirit of the games at home in London.

In honour of the Games’ return to France, and with employment law reforms looming in the UK, we have prepared a timeline showing key dates on employment law across each side of the Channel.

Consider a common workplace investigation scenario:  An allegation is made, either via a whistleblowing channel or through the raising of a grievance which raises the prospect of significant wrongdoing potentially having taken place in an organisation.  The alleged wrongdoing could relate to sexual misconduct, financial fraud or any other kind of financial or non-financial misconduct which carries significant risk for the company (financial, reputational or both). 

In this summary will find information which is useful when planning to engage or terminate a managing director in different European countries. 

Practitioners have been waiting for the King’s Speech with interest to see which proposals previously made by the Labour Party would be mentioned and form the basis of legislation to be passed in the near future.

EHRC launches consultation on its updated technical guidance on sexual harassment and harassment at work.