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Employment Law Review

Thompsons’ Employment Law Review is recognised as an authoritative source of comment and discussion from our trade union law specialists. Available to read here, and also via a weekly email bulletin, the Employment Law Review offers considerable insight into the latest issues affecting trade unions and their members.

 

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Latest Issues

Issue 930

  • Requirement to sign handwritten investigation notes amounted to a failure to make a reasonable adjustment
  • Burden of proof is on the employer to establish a failure to mitigate
  • Acas consults on new flexible working Code as ERA reforms take shape

Weekly Issue 929

  • Can an individual employee be liable for a failure to make reasonable adjustments?
  • The Government responds to the consultation on bereavement leave and pregnancy loss
  • Government confirms new duty to inform workers of trade union rights

Weekly Issue 928

  • Khans Solicitors v Kaiser [2026] EAT 137 “Aggravating damages”
  • Access Denied - Reasonable Adjustments Delays Linked More to Unclear Processes Than Employer Resistance
  • Increasingly flexible - Flexible working reforms move a step closer

Transfers of Undertakings

Weekly Issue 927

No Transfer Here: Where TUPE Liability Ends

The Court of Appeal has confirmed that TUPE does not transfer liability for third-party claims arising from employees' pre-transfer acts, providing important guidance for employers involved in business transfers.

Employment rights

Weekly Issue 927

Extended Tribunal Deadlines Strengthen Access to Workplace Justice

Employment tribunal time limits will double from three to six months from October 2026, giving workers more time to bring unfair dismissal, discrimination and wage claims.

Equality, discrimination and harassment

Weekly Issue 927

Equality reps get the recognition they deserve

Trade union equality reps gain new rights to paid time off, training and workplace facilities under the Employment Rights Act 2025, strengthening equality at work.

Equality, discrimination and harassment

Weekly Issue 926

Cunningham v BBC “Unreasonably unaware"

EAT rules BBC should have recognised an employee's disability and reconsidered shift adjustments, clarifying employers' duties under the Equality Act 2010.

National minimum wage and National living wage

Weekly Issue 926

National Minimum Wage: 658 Employers Named for Underpaying Workers

Government names 658 employers for minimum wage breaches as the Fair Work Agency steps up enforcement, recovering £4m in unpaid wages for workers.

Employment rights

Weekly Issue 926

New and improved rights to time off and workplace facilities for trade union representatives

Employment Rights Act 2025 strengthens trade union rights, introducing statutory facilities, equality representatives and enhanced workplace protections.

Unfair dismissal

Weekly Issue 925

Was the tribunal wrong to make no compensatory or basic award in a claim for unfair dismissal?

Employment Appeal Tribunal confirms 100% contributory fault and Polkey deductions can reduce unfair dismissal compensation to nil despite procedural unfairness.

Zero hours contracts

Weekly Issue 925

Government issues guidance on Zero Hours contracts for employers

Government guidance on zero-hours contracts outlines employer responsibilities, worker rights and upcoming Employment Rights Act 2025 reforms.

Employment rights

Weekly Issue 925

Which Public Duties should be eligible for Time Off?

The government is consulting on reforms to workers' statutory right to time off for public duties, with proposals to widen access to civic roles.

Whistle-blowing

Weekly issue 924

Whistleblowing and interim relief: EAT confirms tribunals must assess the evidence, not just the dispute

Employment Appeal Tribunal guidance on interim relief in whistleblowing claims. The EAT held that tribunals must assess the available evidence rather than refusing relief solely because facts are disputed. Duffy v BXTR 3 Ltd t/a House of Gods [2026] EAT 119.

Employment rights

Weekly issue 924

Government consults on revised tipping code to strengthen workers’ voice

The government is consulting on a revised tipping Code of Practice under the Employment Rights Act 2025, giving workers and unions a greater say in fair tip distribution.

Equality, discrimination and harassment

Weekly issue 924

Non-disclosure agreements (NDAs): Government consults on new restrictions under the Employment Rights Act 2025

Government consultation on NDA reforms under the Employment Rights Act 2025 could limit confidentiality clauses in workplace harassment and discrimination cases.