October 2025 employment law update - with Shoosmiths

Описание: Join Ciphr and our friends at legal experts Shoosmiths for a look at recent UK case law updates, and a look ahead to what’s on the horizon for the next 12 months, including the Employment Rights Bill. This webinar was recorded in October 2025.

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What's in this webinar?

The webinar provides an overview of key case law developments and a deep dive into the major changes expected from the upcoming Employment Rights Bill.

Here is a summary of the key topics covered in the update:

Case Law Update (Stuart Lawrenson)
The update focused on practical cases likely to impact employers, including the following:
Disability Discrimination (Neurodiversity): The case of Stedman highlights the low threshold for establishing disability, noting a 50% increase in cases involving neurodiversity since 2020 [06:06]. A key takeaway is that the tribunal must properly consider the substantial adverse effect on even a single day-to-day activity, as a diagnosis alone is insufficient [10:50]
Duty to Make Reasonable Adjustments: The Hinchmarch case confirmed that an employer is not required to make an adjustment if there is no real prospect of it helping to alleviate the employee's disadvantage [14:51]
Liability of HR Consultants: An employment tribunal generally won't find external HR consultants co-liable as "agents" for detrimental treatment (like a dismissal) if their role was limited to investigation and recommendation, and they did not make the final decision [01:19:34]
Dismissal and Due Process: The Wilson case served as a critical reminder to always follow due process, especially in cases involving chronic illness or Group Income Protection (GIP). The dismissal was found unfair because the employer failed to follow a fair process, despite the HRD's suspicion of fraud [02:24]
TUPE: The MAC Recruitment case broadened the interpretation of "organized grouping of employees" for a service provision change, confirming that a settled group of employees with consistent working patterns can qualify even without deliberate, formal organization by the employer [02:26]

Employment Rights Bill Deep Dive (Sian Hoare)
With Royal Assent expected in November 2025 and a phased implementation beginning in April 2026, the following major legislative changes were discussed:

Unfair Dismissal - Will become a day-one right (no qualifying service), likely from 2027. A "light touch procedure" (details TBD) will apply during an "initial period of employment" (speculated to be ~9 months) for dismissals relating to the individual (eg conduct/capability) [02:31]
Tribunal Time Limits - The time limit for all employment tribunal claims will increase from 3 to 6 months (October 2026) [02:37]
Protective Award - The maximum Protective Award for failure to collectively consult is increasing from 90 to 180 days' actual pay (April 2026) [02:42]
"Firing and Rehiring" - Dismissal for imposing a "restricted variation" (eg changes to pay, pensions, contractual hours) will be automatically unfair, unless the employer can prove "calamitous financial distress" (October 2026) [02:45]
Harassment - The duty on employers to prevent sexual harassment is enhanced to require taking all reasonable steps, including prevention of harassment by third parties (October 2026) [02:53]
NDAs - Non-disclosure agreements (NDAs) will be banned where they attempt to prevent a worker from making allegations or disclosures on harassment or discrimination [02:55:25].
Family Leave - Paternity and parental leave will become day-one rights (no qualifying service), and bereavement leave will be extended to include pregnancy loss before 24 weeks [02:57]
Flexible Working - A new test of reasonableness will be introduced for employers refusing a flexible working request, requiring more objective evidence for rejection [02:59]

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