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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

Employment rights

Weekly Issue 920

Enforcing holiday pay

Learn how the Employment Rights Act 2025 reforms holiday pay, employer record-keeping duties and new enforcement powers from 2027.

Trade union information

Weekly Issue 919

Government publishes response to Consultation on Trade Union Access and lays draft Regulations and Code of Practice before Parliament

Discover how the Government’s updated trade union workplace access code strengthens workers’ rights, improves union access and supports fair representation at work.

Employment rights

Weekly Issue 919

Did a clause requiring an employee to pay back the training fee amount to a restraint of trade?

The Court of Appeal has ruled that a training repayment clause requiring an employee to repay £8,108 on leaving employment was an unenforceable restraint of trade, with important implications for employers and trade unions.

Employment rights

Weekly Issue 919

Government launches review of the employment rights of unpaid carers almost three years after the Carers Leave Act was passed.

The government has launched a consultation on carers’ leave and support for parents of seriously ill children, exploring potential reforms including paid carers’ leave, extended leave entitlements and stronger workplace rights.

Unfair dismissal

Weekly Issue 918

How should the Acas uplift be applied in high value discrimination cases?

Employment Appeal Tribunal confirms that tribunals may consider the overall size of a compensation award when applying an Acas uplift and have discretion in addressing tax gross-up issues in unfair dismissal and disability discrimination claims.

Employment rights

Weekly Issue 918

The Government responds to the consultation on setting up the School Support Staff Negotiating Body (SSNB) and sets out its proposal as to who will be in scope.

The Government has confirmed the scope of the new School Support Staff Negotiating Body (SSSNB), covering pay, terms and conditions for school support staff in England, while excluding agency workers from sector-wide bargaining arrangements.

Personal Injury

Weekly Issue 917

Burger v Risk Solutions BG Ltd & JD Wetherspoon plc – Is a pub operator vicariously liable for the actions of door staff supplied by an independent security contractor?

A Court of Appeal ruling on vicarious liability, confirming that businesses are not usually responsible for the actions of workers supplied by an independent contractor unless the relationship closely resembles employment.

Industrial Action

Weekly Issue 917

Make Work Pay: draft code of practice on electronic and workplace balloting for statutory union ballots

The government’s consultation on a draft Code of Practice for electronic and workplace trade union ballots could modernise statutory voting processes and increase member participation in industrial action and union elections.

Employment rights

Weekly Issue 916

Leedham v Royal Mail Group Limited - Does a digital online payslip comply with the legal duty on employers to provide a written payslip?

The EAT has ruled that digital-only payslips can comply with the Employment Rights Act 1996. Learn what Leedham v Royal Mail means for employers and the legal risks of electronic pay statements.

Employment tribunals and tribunal fees

Weekly Issue 916

Parliament approves extension of Employment Tribunal time limits to six months

Employment Tribunal time limits will increase from three to six months from 1 October 2026 for a wider range of claims. Learn what the new regulations mean for employers, workers and future tribunal cases.

Equality, discrimination and harassment

Weekly Issue 915

London Ambulance Service NHS Trust v Garrett [2026] EAT 77

EAT overturns belief discrimination ruling in Garrett v London Ambulance Service NHS Trust, confirming disciplinary action for workplace comments was based on conduct, not protected belief.

Equality, discrimination and harassment

Weekly Issue 915

EHRC draft services code laid before Parliament – equality law guidance updated

EHRC draft Services Code laid before Parliament in May 2026 updates Equality Act guidance for services and public bodies, reflecting recent case law on biological sex and discrimination.