People Matter - October 2026
HR Dept
They’re here… the latest changes from the Employment Rights Act
In the drip feed of major employment law changes that is Labour’s Employment Rights Act, October 2026 is a significant month (and not just because it is Halloween!). Have you prepared for these changes?
Tribunal claim time limit (1st October) – This is not so much something to prepare for, but more to be aware of. Until now, the time limit for a claim being brought to tribunal was three months. But as of 1st October, this is extended to six months.
This means there is greater scope for an employment tribunal claim to come out of the woodwork; and also, given the enormous backlog that is present in the system, the whole spectre of a claim hanging over you for longer too.
Trade union obligations (30th October) – You need to prepare for much stronger trade union freedoms. This has the potential to impact you even where trade unions have not been relevant before.
The changes include: Enhanced physical and digital access rights within your business, expanded protections and rights to time off for trade union representatives, greater protections against detriment for staff taking industrial action and tighter restrictions on unfair practices during union recognised activities.
One change that was scheduled for October which has now been pushed back until January 2027 is the requirement to inform all staff that they have the right to join a trade union.
Harassment measures (30th October) – The preventative duty on employers to prevent harassment and sexual harassment is extended to cover third parties such as customers and suppliers (employees were already covered).
And the wording “take reasonable steps” has been strengthened to say “ALL reasonable steps”. If you have not done it already, you will need to take demonstrable steps to comply with this law, including carrying out a risk assessment and running staff training, among other initiatives depending on your business.
For help getting ready for any of these Employment Rights Act changes, please ask us.
Football club removes foot from mouth
In business, as in life, how you say things can be just as important as what you say. Whether it is customers, investors or your staff, delivering news clumsily can have negative consequences.
A Premier League football club experienced this when it reportedly sent an impersonal four paragraph email to some of its workers before the start of this season informing them that their contracts were not being renewed.
It was stated that one of them had been working for the club for nearly 60 years. Following social media complaints which made national headlines, the club apologised and pledged to do better.
So, what goes into good staff communication?
As you might imagine, there is no catch-all method, even within a company. However, your company may have a house-style for communications – either formally via employer brand guidelines or just accepted ways you do things.
You’ll need to think about the context of the messaging. Letting a group of workers know they no longer have a job will be very different to more day-to-day comms.
The channel for your message, the timing (urgent/in advance), the inclusion of helpful resources and a right of reply should all be considered. Perhaps above all though, empathy is important.
You are running a business and while they work for you, part of leadership is bringing them along on the journey. Mistakes, of course, happen; especially in trying circumstances. So it is worth always allowing a pause before sending to think how any given message will be received – by the recipient and sometimes a wider audience too.
If this is something you have struggled with, why not get in touch for some bespoke advice?
Au revoir! Our remote working policies really do not extend to France
News of an employment tribunal an employer won! They followed the correct processes, and although rather technical, the judge found that their employment contract protected their stance.
The case was based on a “fully remote” employee, based in the UK, who wanted to follow her husband to France and continue her fully remote employment there.
Over a series of backwards and forwards between her, her line manager and HR, the company repeatedly told her it was not feasible for her to perform her role in France, and she repeatedly disagreed and moved to France anyway thinking she would carry on working.
A key objection for the company was the tax and legal risk. She was eventually dismissed and after taking up her right of appeal this was not upheld. Then going to a tribunal for unfair dismissal, the judge also sided with the company.
Technical details in the employment contract and a disciplined adherence to process were crucial in the judgement. However, a more explicit remote working policy may have nipped the issue in the bud, as the employee argued throughout that nothing explicitly prevented her from working abroad.
How well do your policies and contracts protect you? If you would like a review, reach out.
Revealed: 658 of the employers who’ve paid below the minimum wage
In the latest figures naming and shaming organisations which have paid staff below the national minimum wage, 658 employers were named, including high street firms like Five Guys and B&Q, and NHS trusts.
What is most significant about these figures is that it is the first naming and shaming since the Fair Work Agency (FWA) assumed responsibility for enforcement. It follows on the heels of their first prosecution (in a gangmaster case) which we reported to you last month.
The affected employers were required to make good £4.2 million to 27,600 workers as well as pay £7 million in penalties.
Rather than being a reckless disregard of the rules, 39% of cases related to deductions that reduced pay, 33% reflected unpaid working time and 16% were caused by a failure to apply a rate increase.
Compliance enforcement is likely to get tougher, and the £7 million of penalties shows the cost of getting it wrong is real. If you would like a review of your payroll, please get in touch.
No one likes a smart “glass”!
Smart glasses are enjoying something of a renaissance after the failed Google Glass of the 2010s. However, the privacy concerns that were around then are just as relevant today. And in the workplace, there are extra concerns.
In their favour, they could prove to be excellent tools when called upon for tasks like real-time translation, transcription or AI-supported recording/analysis of information.
However, the scope for breaching colleagues’ privacy, leaking sensitive company information and being a distraction for productivity is huge.
Worse, the technology combination of AI, miniaturisation, battery life… everything that makes these glasses what they are, means your current policies may not adequately address the problems.
Drafting a well-considered wearables/ technology policy after you have thought through all the issues (and hopefully before someone starts wearing them around your office) would be timely. We can help.
Your Christmas naughty and nice list
We can’t be the first people to mention the C word this year; there’s only 64 sleeps until Christmas. Santa famously prepares his naughty and nice list each year, but what would your naughty and nice HR list look like?
Thankfully there is a lot more nice than naughty, especially if you get organised and plan now.
On the nice side, be thinking about: annual leave (remind staff to book time in advance and approve any clashes based on your policy), staff planning (identify extra busy or quiet times), inclusivity (ensure no one’s left out because of, say, religious beliefs), the Christmas party (there’s a lot to think about, plan early), cost of living (any practicable measures to help staff have a happy Christmas?), and flexible working (anticipate more requests and do what’s right for the business).
And the naughty side? As HR consultants we are braced for a rise in misconduct cases! Ensure you set expectations on attendance, alcohol, harassment and sexual harassment.
