newsletter 2025 #3 Archives

Welcome to September! We’re sure the Menzies Law team aren’t the only ones experiencing that ‘back to school’ feeling this week. There’s a distinct Autumnal chill in the air but we’ll endeavour to keep you warm some employment law!

If you are one of the many parents or carers dreading the return of school because of the ensuing Whatsapp deluge, this handy guide, courtesy of The Guardian may both help and cheer you. You’re welcome.

We’re well-aware that the Employment Rights Bill is giving businesses a serious headache. The good news is that most of the changes will fall across 2026 and 2027, spreading things out a little. Our detailed update provides clarity. If you’re fed up hearing about the above Bill, there’s plenty more in this issue to interest you;

The Government’s impact assessment on Non-Disclosure Agreements goes into the practicalities of the new restrictions.
The pro’s and con’s of unpaid internships have long been debated. There is now a Government consultation seeking views on their use.
New guidance from both ACAS and Government on Neonatal Care Leave which came into effect last April.
We take a deep dive into 7 important recent employment cases and summarise their implications for businesses.

As always, do get in touch with on 0117 325 0526 if we can help with you any knotty employment law matters.

Best Wishes from all at Menzies Law

Legislation

Given that the Employment Rights Bill is the most significant piece of employment legislation in a generation, it will be no surprise that our legislation section is dedicated to the Bill.

Although it was published nearly 12 months ago, there have been several amendments since then. They’re all here for you in one place, along with a summary of what’s new, key Government and House of Lords amendments and the Government ‘roadmap’ for implementation.

Impact Assessment

In July the Government published an impact assessment detailing how new restrictions on Non-Disclosure Agreements will operate. This should prove reassuring to businesses who will still be able to use appropriate confidentiality clauses where there is a legitimate reason to do so.

Government Consultation

A Consultation has been launched by Government calling for evidence and viewpoints on unpaid internships in all their forms. There have been long-term concerns about interns (entitled to be paid the minimum wage) not being paid correctly – or at all. If you have experience to offer, this call for evidence closes 9 October.

Workplace Guidance

There’s new workplace guidance from both ACAS and the Government on the Neonatal Care (Leave and Pay) Act 2023 which came into effect last April.

The ACAS guidance aims to help employers better understand what neonatal care is, eligibility and support for employees.

The Government guidance outlines the new rights, reminds employers of their duties and explains how to recover pay from HMRC.

Caselaw

The For Women Scotland case has generated considerable coverage. We summarise the case here, outline the implications and provide some useful pointers for businesses.
The Court of Appeal in Sullivan V Isle of Wight Council found that external job applicants do not have the right to bring whistleblowing claims.
Another Court of Appeal case. In Augustine v Data Cars Ltd, the Tribunal’s decision was upheld which sought to limit discrimination for part-time workers.
Employers need to be pro-active in the search for alternative employment for employers at risk of redundancy says the EAT in Hendy Group Ltd v Kennedy.
The EAT finds in this case that there’s no duty to make reasonable adjustments where there is no real prospect of reducing the disadvantage caused to its disabled employee.
Wainwright v Cennox, provides an expensive reminder that acts of discrimination may amount to constructive dismissal.

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Newsletter 2025 #3 – Autumn