Be Aware UK

News and views from DLA Piper's Employment team

Dismissed employee could bring wage deduction claim for PHI payments post-dismissal

/ , , / Employment

In McMahon v AXA ICAS Ltd the Court of Session considered whether payments due to an employee under a permanent health insurance scheme set out in her contract of employment continued to be due and payable as ‘wages’ after she was dismissed because illness prevented her from working. The court concluded that they did, leaving […]

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Employment Rights Act: Preparing for change: Government publishes consultation on regulation of non-disclosure agreements

/ , , , , / Employment, ERA/Consultations, ERA/latest news

The recent flurry of activity on the employment law reforms being introduced under the Employment Rights Act 2025 (ERA 2025) continues today with the publication of a new consultation on regulations to prevent the use of non-disclosure agreements in cases of workplace harassment or discrimination. The consultation closes on 8 July 2026. This is the

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Employment Rights Act: Preparing for change: Response to consultation on strengthening trade unions’ rights of access to the workplace

/ , , / ERA/Consultations, ERA/latest news

The government has published its response to consultation on strengthening the right of trade unions to access workplaces, which is due to come into force in October 2026. The government will introduce a statutory right of access for independent trade unions to engage with workers in person or digitally for the purposes of representation, support,

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Employment Rights Act: Preparing for change: Duty to keep holiday records means new legal risks for employers

/ , , , / ERA/Insights, ERA/latest news

Amongst the sweeping changes to UK employment law under the Employment Rights Act (ERA), employers could be forgiven for having overlooked the new duty to keep records relating to annual leave. The duty was not even referred to in the government’s timetable for implementation of the ERA but was brought into force with effect from

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Employment Rights Act: Preparing for change: April changes coming into force

/ / ERA/latest news

April traditionally marks the implementation of notable updates in employment law, and this year is no exception. Key provisions of the Employment Rights Act 2025 come into force this month, accompanied by annual revisions to statutory rates and limits. 1 April 2026 From 1 April 2026, the National Minimum Wage will increase, with the rate

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Government confirms that ethnicity and disability pay gap reporting will become mandatory for large employers

/ , , , , , / Employment

One year on from the publication of a consultation on a requirement for large employers to report ethnicity and disability pay gaps, the government has now confirmed that it will take this proposal forward. These new obligations come on top of the existing annual requirement for large employers to report gender pay gap data. In

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Employment Rights Act: Preparing for change: New harassment measures extend protections for employees

/ , , , , / Employment, ERA/Insights, ERA/latest news

Protection of employees from harassment, and sexual harassment in particular, has been a dynamic area in recent times and a clear area of focus for the current government. In October 2024, the new duty to take reasonable steps to prevent sexual harassment in the workplace took effect, imposing wide-ranging and onerous obligations on employers to

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Immigration update March 2026: Statement of Changes to Immigration Rules and updated Home Office sponsor guidance

/ / Immigration

A series of Home Office changes introduced from late February to early March 2026 confirms a shift toward stricter enforcement, reduced tolerance for error and greater expectations on sponsors. Key updates include a new visa brake affecting several nationalities, tighter Skilled Worker salary compliance, changes to protection routes, and adjustments to visit visa and endorsement

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Employment Rights Act: Preparing for change: Contract change update and action points

/ , , / Employment, ERA/Insights, ERA/latest news, Reform

Following the Employment Rights Act (ERA) receiving royal assent late last year, early 2026 has already seen some further activity in relation to the Act’s provisions on contractual change. The Government’s revised timetable for ERA implementation has moved commencement of the so-called ‘fire and rehire’ provisions from October 2026 to 1 January 2027, tying in

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Employment Rights Act: Preparing for change: The impact of changes to unfair dismissal

/ , , , / Employment, ERA/Insights, ERA/latest news

When the Employment Rights Bill was published in October 2024, the headline measure was the proposal to make unfair dismissal a ‘day 1 right’ by removing the qualifying period. At the 11th hour a series of defeats in the House of Lords forced the government to U-turn on that proposal. Instead, the qualifying period for

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Employment Rights Act: Preparing for change: Government launches gender pay gap and menopause action plans

/ , , , / Employment, ERA/latest news

The government has taken another step forward in implementing key provisions of the Employment Rights Act 2025 with the publication of employer guidance on creating action plans for both gender pay gaps and the menopause. From April 2026, large employers with 250 or more employees will be encouraged to publish the steps that they are

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Employment Rights Act: Preparing for change: Consultations on the trigger for collective redundancy consultation and detriments for taking industrial action

/ , , , , , / Employment, ERA/Consultations, ERA/latest news

On 26 February the government published two further consultation papers on the implementation of aspects of the Employment Rights Act 2025 (ERA): Make Work Pay: threshold for triggering collective redundancy obligations consultation and Make Work Pay: protection from detriments for taking industrial action. Collective consultation threshold In addition to retaining the existing trigger for collective

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Employment Rights Act: Preparing for change: First major Employment Rights Act measures come into force

/ , , , / Employment, ERA/latest news

On 18 February, the first major measures of the Employment Rights Act (ERA) come into force. The ERA repeals the majority of the Trade Union Act 2016 and significantly relaxes the requirements of the process for organising industrial action. For industrial action ballots opening on or after 18 February, the ERA simplifies requirements on trade unions in

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Employment Rights Act: Preparing for change: Consultations on implementation of measures on flexible working, fire and rehire and tipping

/ , , , , , / Employment, ERA/Consultations

The government has published three further consultation papers on implementation of aspects of the Employment Rights Act 2025 (ERA), covering flexible working, fire and rehire and tipping. Flexible working Currently, all employees have the right to make a flexible working request . Employers can refuse an application for any of these reasons: Extra costs that

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Employment Rights Act: Preparing for change: Revised timetable for implementation

/ , , / Employment, ERA/latest news

**Update** Restrictions on the use of non-disclosure agreements in cases of workplace harassment or discrimination will come into force in 2027. **Update** The obligation on employers to keep records that are ‘adequate to show’ compliance with obligations in relation to annual leave will come into force on 6 April 2026. On 3 February the government published a

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