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 an email bulletin, the Employment Law Review offers considerable insight into the latest issues affecting trade unions and their members.
Latest Issues
Issue 931
- The EAT considers the role of HR where an employee is dismissed
- The EAT considers whether the employer had done all that was reasonable to discover if the claimant was disabled because of his dyslexia
- Government launches consultation on employment status
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
Unfair dismissal
Issue 931
The EAT considers the role of HR where an employee is dismissed
The EAT confirms when HR involvement in disciplinary proceedings is appropriate and how comparators should be assessed in race discrimination claims.
Equality, discrimination and harassment
Issue 931
The EAT considers whether the employer had done all that was reasonable to discover if the claimant was disabled because of his dyslexia
The EAT clarifies employers’ duties to investigate potential disabilities and the correct approach to section 15 Equality Act 2010 discrimination claims.
Employment rights
Issue 931
Government launches consultation on employment status
The Government launches an employment status consultation proposing changes to tackle bogus self-employment and strengthen workers’ rights.
Employment rights
Issue 931
Fire and Rehire reform delayed and subject to further review
New fire and rehire protections under the Employment Rights Act 2025 will take effect in March 2027, with a revised Code of Practice under consultation.
Unfair dismissal
Issue 930
Requirement to sign handwritten investigation notes amounted to a failure to make a reasonable adjustment
EAT upholds unfair dismissal and reasonable adjustments claims in dyslexia case, highlighting employers' duties to ensure accessible disciplinary procedures.
Unfair dismissal
Issue 930
Burden of proof is on the employer to establish a failure to mitigate
EAT confirms employers bear the burden of proving a claimant failed to mitigate losses after unfair dismissal and clarifies the correct approach to preparation time awards.
Employment rights
Issue 930
Acas consults on new flexible working Code as ERA reforms take shape
ACAS consults on a new Flexible Working Code under the Employment Rights Act 2025, setting out reasonableness tests, consultation duties and fairer decision-making for employers.
Employment tribunals and tribunal fees
Issue 930
Employment Tribunal time limits extended: more time to bring a claim, but do not delay
From 1 October 2026, many Employment Tribunal claim deadlines double from three to six months. Bernie Wentworth explains the changes and why workers should still seek advice early.
Employment rights
Weekly Issue 929
Can an individual employee be liable for a failure to make reasonable adjustments?
Employment Appeal Tribunal confirms individual employees may be personally liable for failures to make reasonable adjustments under the Equality Act 2010.
Employment rights
Weekly Issue 929
The Government responds to the consultation on bereavement leave and pregnancy loss
Government confirms a new day-one right to bereavement leave, including pregnancy loss before 24 weeks, giving employees up to two weeks' leave.
Trade union information
Weekly Issue 929
Government confirms new duty to inform workers of trade union rights
Employers must inform workers of their right to join a trade union under new rules taking effect in 2027 as part of the Employment Rights Act 2025.
Equality, discrimination and harassment
Weekly Issue 928
Khans Solicitors v Kaiser [2026] EAT 137 “Aggravating damages”
The EAT in Khans Solicitors v Kaiser clarifies when aggravated damages can be awarded in discrimination claims and how tribunals must assess loss.