Newsletters Archives - Menzies Law

Here we are at the end of another year and it’s our final newsletter of 2025! As always, there is no shortage of employment law to update you on in this issue (which you’ll find below);

The big news item is that the legislative ping-pong between the House of Lords and House of Commons on the Employment Rights Bill (ERB) has finally ended in the House of Lords backing down and the ERB being passed. We now have the Employment Rights Act 2025
A variety of consultations from Government on ERB changes and their practical impacts (a chance to have your say)
Full details of the Government working paper reforming non-compete clauses
Changes to the ACAS Early Conciliation period
Increases in statutory rates of pay and the NMW effective from April 2026

As if that wasn’t enough, we also have 7 important employment cases for you from decisions in the Court of Appeal and Employment Appeal Tribunal in the last few months (and we detail the implications of these cases for employers).

So, grab yourself a mince pie and a cup of tea (or something stronger depending on how much work you need to cram in until you finally stop for Christmas) and have a read!

With best wishes from all the Menzies Law team for a peaceful Christmas and a successful year ahead. See you in 2026!

New and proposed employment legislation:

The Employment Rights Act 2025 has landed! We update you on the final stages.
Government has indicated its intention to reform non-compete clauses in employment contracts for some time. We outline the models proposed in its working paper.
The ACAS Early Conciliation period has been extended with the aim of improving the tribunal backlog. More about that here
Government has published proposed new statutory sick pay and family leave pay rates and has also announced NMW rates for 2026 – more here on those new rates

ERB Consultations; views sought from employers:

The Government has published a number of consultations on some of the planned changes under ERB and their practical impact. These include enhanced dismissal protections for pregnant women and mothers and three consultations relating to trade union rights.

They are seeking the views of employers on several of the rights created by the ERB – and how employers can be helped to implement them.

Employment Cases from the Court of Appeal and Employment Appeal Tribunal:

The Court of Appeal considers whether employees could bring whistleblowing detriment claims on the basis that their employer is vicariously liable for co-workers actions in the joined cases of Rice v Wicked Vision and Barton Turns v Treadwell.
The EAT says in Reynolds v Abel Estate Agents that employees need to obtain a valid ACAS Early Conciliation certificate before bringing a claim (but where there are existing proceedings, the Tribunal can use its discretion to allow additional claims to be added).
In this whistleblowing case (Henderson v GCRM Ltd) the EAT found that managers who play no part in wrongdoing cannot be held personally liable for whistleblowing detriments.
Procedural flaws won’t necessarily make a dismissal unfair says the EAT in Alom v Financial Conduct Authority.
The EAT considers what sexual harassment ‘in the course of employment’ means in AB v Grafters Group
In Davidson v National Express the EAT found the Tribunal was unreasonable in deciding to cap an employees future losses at age 65
The EAT considers if an employers delays in raising misconduct concerns made a dismissal unfair in O’Brien v Cheshire and Wirral Partnership NHS Foundation Trust

Category: Newsletters

Newsletter 2025 #4

Newsletter 2025 #3 – Autumn

Newsletter 2025 #2

The latest on the Employment Rights Bill

Neonatal Care (Leave and Pay) Act

Increases to Statutory Rates 2025-2026

Ethnicity and Disability Pay Reporting

ACAS Guidance on Neurodiversity

Higgs v Farmor’s School

Unfair dismissal and reasonableness

Unfair Dismissal and Dishonesty

Pregnancy Discrimination and Injury to Feelings Award

Here we are at the end of another year and it’s our final newsletter of 2025! As always, there is no shortage of employment law to update you on in this issue (which you’ll find below);

With best wishes from all the Menzies Law team for a peaceful Christmas and a successful year ahead. See you in 2026!

New and proposed employment legislation:

ERB Consultations; views sought from employers:

Employment Cases from the Court of Appeal and Employment Appeal Tribunal:

Category: Newsletters

Newsletter 2025 #4

Newsletter 2025 #3 – Autumn

Newsletter 2025 #2

The latest on the Employment Rights Bill

Neonatal Care (Leave and Pay) Act

Increases to Statutory Rates 2025-2026

Ethnicity and Disability Pay Reporting

ACAS Guidance on Neurodiversity

Higgs v Farmor’s School

Unfair dismissal and reasonableness

Unfair Dismissal and Dishonesty

Pregnancy Discrimination and Injury to Feelings Award

Here we are at the end of another year and it’s our final newsletter of 2025! As always, there is no shortage of employment law to update you on in this issue (which you’ll find below);

With best wishes from all the Menzies Law team for a peaceful Christmas and a successful year ahead. See you in 2026!

New and proposed employment legislation:

ERB Consultations; views sought from employers:

Employment Cases from the Court of Appeal and Employment Appeal Tribunal:

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