From April 6th 2026 employers now also have a duty to keep records in relation to annual leave and holiday pay. Whilst this sounds like good practice anyway, this is actually the first time there has been an employment law duty to do so. This can be done in any format the employer reasonably considers appropriate, but the information must be kept for six years. The information that must be recorded includes: Ordinary and additional annual leave Annual leave carried forwar

The Employment Rights Act 2025 packs an imposing number of reforms into its 289 pages. Despite its length and complexity it will function mainly as a framework and its full practical effects will only become clear once the relevant regulations, codes of practice and updated guidance have been published. The Government has confirmed that the reforms will be introduced in phases. Some provisions took effect on Royal Assent in December 2025, with others being implemented durin

Mileage Allowance Payments (MAPs) represent the tax-free reimbursements an employing body can provide to staff who use their own personal vehicles for business travel. Under HMRC guidelines, these payments remain exempt from reporting up to a designated "approved amount" each tax year. Following the Chancellors economic address to the Commons on 21 May 2026, the government introduced measures to assist families and businesses with rising living costs. This includes a 10p-per-

A probationary period provides a structured timeframe for the Church to review a new employee’s performance and for the employee to assess the role. Following recent and additional upcoming changes in legislation, the District recommends a more condensed and active monitoring period. Standard Duration: The standard probationary period is guided to be 3 months. This ensures that both the Church and employee have a focused window to establish performance and suitability early

Yes, if political campaigning (for example by distributing leaflets, or making speeches in support of a particular political party) causes disruption in the workplace, or causes intimidation or harassment of colleagues, employers can take action to prevent it. If the employee is carrying out campaigning during their working hours, instead of performing their work, the employer would be entitled to take disciplinary action. Employers should make clear to employees, preferably

Employers can be held vicariously liable for discriminatory acts by employees - even if the event is held off site and out of normal working hours. Under the Equality Act 2010, protection from harassment covers sexual harassment as well as unwanted conduct on the grounds of age, disability, gender reassignment, race, religion or belief, and sexual orientation. Employers should ensure that their policy on harassment is up to date, and has been brought to the attention of all e

From April 2026 SSP has been fundamentally reformed. All employing bodies must adhere to these updated statutory minimums before applying any enhanced occupational provision: Day-One Entitlement: The previous three-day "waiting period" has been abolished. Employees are now entitled to SSP from the first full day of sickness absence. Universal Eligibility: The Lower Earnings Limit (LEL) has been removed. All employees, including part-time and lower-paid staff, now qualify fo

An employer can ask a prospective employee to complete a medical questionnaire, but only after it has made them a job offer and only if it complies with data protection requirements. Section 60(1) of the Equality Act 2010 prohibits employers from asking job applicants questions about their health before offering them employment (with some very limited exceptions). If an employer intends to ask prospective employees to complete a medical questionnaire after making them an offe

Yes, job applicants have the right to see interview notes if the notes are either transferred to computer or form part of a "relevant filing system". The UK General Data Protection Regulation (retained from EU Regulation 2016/679 EU) (UK GDPR) gives job applicants and other data subjects the right to request copies of personal data that an employer holds about them. The UK GDPR covers personal data put on paper and held in a structured filing system, as well as computerised p

A job-share arrangement requires that there are two suitable employees available to share the role. What happens if one half to the job-share agreement resigns or is dismissed should be agreed at the outset of the arrangement. A flexibility clause could be included in the job-share employees' contracts, requiring the remaining employee to revert to full-time working, or part-time working in a non-job-share role. The employer must exercise this flexibility in a reasonable mann

A term-time worker generally works only during school terms. Term-time only contracts are used to accommodate employees' childcare responsibilities during school holidays, as well as for staff who work in schools. Term-time workers typically work 39 weeks a year, but the exact arrangement is for agreement between the parties. For example, the employee could work during half-term holidays but not during the longer school holidays. The employee will usually be paid their annual

What is changing? Employees currently have a day-one right to make a statutory request for flexible working, i.e., to request to alter the hours that they are required to work; the times that they are required to work; and/or where they are required to work. Employers have an existing duty to deal with requests in a reasonable manner. They may refuse a request if they have a valid business reason for doing so but must consult the employee – e.g., invite them to a meeting to d

Most employers allow employees to self-certify their absence for the first 7 days of sickness, and require a fit note for longer absences. For SSP purposes an employer cannot require an employee to provide a fit note until after seven calendar days of illness. If an employee is absent without a fit note, where they have been sick for more than seven days, the employer may be entitled to withhold either contractual sick pay or SSP. The employer is entitled to require reasonabl

What is changing? Employees are currently eligible for statutory sick pay (SSP) if they are sick for a period of four days or more. Low-paid employees who earn less than the lower earnings limit are not eligible for SSP. The Employment Rights Act 2025 removes both these requirements: SSP will be available to employees from day one of their incapacity for work. All employees will be eligible, regardless of their earnings. If an employee earns less than the weekly SSP rat

The intent behind the measures relating to zero and low hours workers in the Employment Rights Act 2025 is to end one-sided flexibility and "exploitative zero hours contracts". This does not mean there will be an outright ban on them. What it does mean is that there will now be a legislative framework, the intention behind which is to deliver a better level of predictability and security for workers. According to Government statistics there are over 1 million workers in t

Unused statutory holiday entitlement cannot be replaced by a payment in lieu, except when the employment is terminated. In limited circumstances, employees must be allowed to carry over their unused annual leave, if they have not been able to take it in the year in which it was due.

What are an employer's obligations under the Working Time Regulations 1998? Under reg.4(2) of the Working Time Regulations 1998 (SI 1998/1833), an employer is obliged to retain up-to-date records of workers who have agreed to opt out of the 48-hour working week. Employers should maintain a list of the names of such workers, and a copy of the opt-out agreements. Regulation 9 requires employers to keep records that are adequate to show that: working time, including overtime, fo

An employer might need to obtain a medical report on a prospective employee before confirming a conditional job offer for a particular role, where health or fitness is a factor determining the employee's ability to do the job. In relation to existing employees, an employer may need to obtain a medical report if an employee is on long-term sickness absence, to ascertain when they will be able to return to work, if at all, and whether or not there are any steps that could be ta

Under reg.12(1) of the Working Time Regulations 1998 (SI 1998/1833), adult workers are entitled to a minimum rest break of 20 minutes during any working day that exceeds six hours. Case law has established that workers are entitled to only one 20-minute rest break even where they continue to work for another six hours or longer. However, employers should consider the general health and wellbeing of workers when determining the frequency and length of rest breaks, particularly

Where a worker makes a public interest disclosure (or blows the whistle), the disclosure is protected under the Employment Rights Act 1996 if the worker makes it to: the employer; another person who the worker believes to be responsible for the wrongdoing; a legal adviser; or a prescribed person or body listed in the schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014 (SI 2014/2418) (such as the Environment Agency, the Care Quality Commission or the Hea