Unfair Dismissal eligibility requirements changes

Employment Solicitor, Julia Woodhouse in Leamington Spa, provides a further update regarding changes to the eligibility requirements to claim Unfair Dismissal

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Employers and employees should take note that the change to the qualifying period for ordinary unfair dismissal, under the Employment Rights Act 2025, is due to become law on 1 January 2027. This change will reduce the eligibility requirement to claim ordinary unfair dismissal, from two years’ continuous employment to six months.

In addition, the current cap on the amount of the compensatory award for unfair dismissals, will be removed.

Under the current eligibility requirement, some employers will have postponed making a decision about whether to keep an employee in post. Leading up to a change in the law, we are likely to see an increase in dismissals as employers decide to terminate the employment of certain employees, before they gain ordinary unfair dismissal rights, on 1 January 2027.

However, employers and employees should be mindful that the change in the eligibility requirement does not change the protections against discrimination (on a protected characteristic) and automatic unfair dismissal: for discrimination and most automatic unfair dismissal claims, there is no need to have any period of continuous service, to be eligible to make these claims.

In a possible rush to terminate the employment of shorter serving employees, to avoid them gaining ordinary unfair dismissal eligibility, employers may find that their actions give rise to other claims. We recommend that employers and employees seek legal advice, if they are in doubt about any legal situation.

The above does not constitute legal advice

If you would like to discuss any employment matter contact Julia Woodhouse at 01926 831231 or jhw@blytheliggins.co.uk 

Julia is an Employment Solicitor based in Leamington Spa and advises clients across Leamington Spa, Warwick, Kenilworth, Coventry, Rugby, Nuneaton, Atherstone and further afield.

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Changes to The Employment Rights Act 2025

Employment Solicitor, Julia Woodhouse in Leamington Spa, provides a further update regarding employment law changes, effective 6 April 2026

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The Employment Rights Act 2025 is now in force but the changes under the law will be delivered in phases so that employers and workers have time to plan and prepare.

There will be changes throughout 2026 and 2027 but in this article, we will only set out the changes listed below which came into effect on 6 April 2026:

  • – Statutory Sick Pay (SSP) – will be paid from the first day of illness (rather than waiting until the fourth day) and the Lower Earnings Limit will be removed so that workers will no longer be required to earn a minimum amount of pay, before being eligible for Statutory Sick Pay.
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  • – There is a new obligation on employers to keep records relating to compliance with statutory annual leave entitlements and payment of holiday pay, including payment in lieu, on termination. The records do not need to be created or maintained in any particular manner or format but must be retained for six years from the date on which they were made. Failure to comply is a criminal offence punishable by a fine, with enforcement ultimately expected to sit with the newly established, Fair Work Agency.
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  • – Paternity leave and (unpaid) Parental leave will become a “day one right”, removing the need for any minimum period of service before becoming eligible for the rights. In addition, the restriction on taking Paternity leave after shared parental leave, will be removed.
  • – If a child’s mother or primary carer dies during the first 52 weeks after birth or placement with them for adoption, employees who are the child’s father or the partner of the child’s primary carer, are entitled to take unpaid Bereaved Partner’s Paternity leave. This is a “day one” right and the leave can last up to 52 weeks.
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  • – Sexual harassment will become a “qualifying disclosure” under the law on whistleblowing, giving protection from detriment and unfair dismissal to whistleblowers who make a sexual harassment disclosure.
  • – Where there is a failure to inform and consult in collective redundancy situations, the maximum “protective” award which an Employment Tribunal can award, will double from 90 days’ pay to 180 days’ pay.
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  • – The process for recognising a trade union will be simplified.
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  • – Employers with 250 or more employees will be encouraged to produce and publish a voluntary action plan, alongside their gender pay gap data. Action plans will show the steps being taken by employers to reduce the organisation’s gender pay gap and support employees experiencing menopause. The plans will become mandatory from 2027.

The above does not constitute legal advice

If you would like to discuss any employment matter contact Julia Woodhouse at 01926 831231 or jhw@blytheliggins.co.uk 

Julia is an Employment Solicitor based in Leamington Spa and advises clients across Leamington Spa, Warwick, Kenilworth, Coventry, Rugby, Nuneaton, Atherstone and further afield.

Click here to speak to our Employment Law expert.

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ALL SPOTS SNAPPED UP FOR TWO CASTLES RUN

Thousands of runners have signed up to take part in this year’s Two Castles Run – with the popular event being fully booked for the third year in a row.
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This year's Two Castles run

This year’s run will take place on Sunday 14th June, with runners setting off from Warwick Castle on a 10km route through the countryside, crossing the finish line at Kenilworth Castle.

Organisers from the Kenilworth Runners have been working to open the run up to more participants, offering an increased number of places this year, and will also be making changes to help supporters who turn out to cheer on the runners at the castles.

Richard Clarke, race director from Kenilworth Runners, said: “People often tell us that the Two Castles Run is their favourite race of the year, so it’s great to be able to offer more places to runners for this year’s event.

“We are expecting around 5,000 runners and we’re also working hard on changes to the visitor experience for spectators.

“This year we will be providing buses so that spectators can travel between the two castles to cheer on their friends and family, offering a convenient transport option and meaning they can easily move along the route without having to use their own cars.”

The Two Castles Run helps to raise money for various good causes – runners can collect sponsorship for a charity of their choice and are invited to contribute to The Myton Hospices when they sign up to the race. Around 50 runners from The Myton Hospices will also run the race, raising vital funds through sponsorship.

This year, the run will be sponsored by Leamington-based Blythe Liggins Solicitors. The company has been a long-term supporter of the race, and its team have pledged to sponsor the event for another five years.

Richard said: “With Blythe Liggins committing to sponsoring the race for five more years, it gives us the security of knowing we have that support and funding. Blythe Liggins are part of the race’s DNA, their staff volunteer on the day and many of their team take part in the race, so we’re pleased that they will be continuing to show their support.”

Donna Bothamley, partner at Blythe Liggins Solicitors, said: “The Two Castles Run is a fixture in the local calendar – it’s an event which thousands of runners enjoy taking part in and which raises much-needed funds for important charities, including the Myton Hospices.

“We’re proud to have supported it for many years and look forward to continuing to give our backing over the next five years.”

To join the waiting list for this year’s run, visit www.twocastlesrun.org.uk.

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Unfair Dismissal - Your Questions Answered

Losing your job can be a stressful and uncertain time. If you believe you have been unfairly dismissed, it is important to understand your rights. At Blythe Liggins, we frequently advise individuals and businesses on all aspects of unfair dismissal. Our expert solicitor, Julia Woodhouse, answers some commonly asked questions.

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Q: What is unfair dismissal?

A: An employee has the right not to be unfairly dismissed after they have completed at least two years’ continuous service with their employer (unless the dismissal is for an automatically unfair reason, in which case there is no qualifying period).

A dismissal is unfair if the employer does not have a fair reason for the dismissal and/or if they fail to act reasonably in treating that reason as a sufficient reason to dismiss.

Q: What are the potentially fair reasons for dismissal?

A: The law sets out a limited number of potentially fair reasons for dismissal:

  • Capability or qualifications: If an employee is poorly performing or is sick (capability) or lacks the qualifications required for the job.
  • Conduct: If an employee has committed misconduct.
  • Redundancy: Where there is a closure of a business; the closure of a particular site or office (but not the whole business); or there is a reduced need for workers to do a particular kind of work.
  • Illegality: If continuing to employ someone would breach the law (e.g. if they no longer have the right to work in the UK).

Some other substantial reason (SOSR): This is a broad category which can cover various legitimate business reasons for dismissal, such as a business reorganisation, amongst other reasons

Q: Is my employer acting reasonably?

A: Your employer needs to follow a fair procedure in relation to the reason for your dismissal.

  • Conduct: If there are allegations of misconduct, your employer would need to follow a disciplinary procedure, before dismissing you. Employers should follow a disciplinary procedure which complies, as a minimum, with the ACAS Code of Practice on disciplinary and grievance procedures.
  • Performance: Your employer may also have a separate Capability/Performance procedure which they should follow, if there are allegations of poor performance.

If your employer dismisses you for other potentially fair reasons (sickness, qualifications, redundancy, SOSR or illegality), they will still need to  follow a fair procedure which will depend on the reason.

Q: What should I do if I believe I have been unfairly dismissed?

A: If you believe you have been unfairly dismissed, you should:

  • Gather any relevant documentation: This includes your employment contract, payslips, letters or emails related to your dismissal and any relevant company policies.
  • Seek legal advice as soon as possible: At Blythe Liggins, we can assess your situation, explain your rights, and advise you on the best course of action.

Q: What remedies are available if an Employment Tribunal finds that I have been unfairly dismissed?

A: If your claim for unfair dismissal is successful, the Employment Tribunal can order compensation or (less often) order your employer to reinstate you to your old job or re-engage you in a comparable job.

Q: Can I settle my Unfair Dismissal claim out of court?

A: Yes – we will explore with you the possibility of seeking to settle any unfair dismissal claim, before making a claim to the Employment Tribunal.

We often approach employers to see if we can reach a mutually agreeable settlement for our employee clients. If you and your employer agree to settle your claim, your employer will usually ask you to do this, by signing a Settlement Agreement. In return for settling your claims, your employer will normally agree to pay you compensation and agree a reference with you, amongst other terms, see Settlement Agreements

Q: Can you help me make an Unfair dismissal claim to the Employment Tribunal?

A: Yes – if you and your employer cannot reach an early settlement or if you prefer to make an Unfair Dismissal claim to the Employment Tribunal, we will advise you about making a claim. We can advise you about the ACAS Early Conciliation process, make a claim to the Employment Tribunal on your behalf, as well as prepare your case for a final hearing.

Q: Can you help me make an Unfair dismissal claim to the Employment Tribunal?

A: Yes – if you and your employer cannot reach an early settlement or if you prefer to make an Unfair Dismissal claim to the Employment Tribunal, we will advise you about making a claim. We can advise you about the ACAS Early Conciliation process, make a claim to the Employment Tribunal on your behalf, as well as prepare your case for a final hearing.

Get in touch on 01926 884745 to find out how Julia can help you with Employment Law.

Disclaimer: *This blog provides general information and does not constitute legal advice. You should always seek professional legal advice in relation to your specific situation.*

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We are inviting children aged 4 to 11 years to get creative with colouring to enter our 2025 Christmas competition.

The colouring sheet for this year’s competition can be downloaded here and features Warwick and Kenilworth Castles – the route of the annual Two Castles Run, which we are proud long-term sponsors of.

The colouring sheet is based on hand-drawn illustrations by Lichfield-based artist Jackie Roberts, who has created Christmas card designs for Leamington Spa, Kenilworth, Warwick and Stratford upon Avon. Her designs are available to buy at www.love2dream.co.uk

The competition is open for entries until Friday 12th December.

Prizes

Foundation/reception class, Years 1 and 2 – A £20 shopping voucher for the winning entry and a £50 book voucher for their school.

Years 3, 4, 5 and 6 – a £20 shopping voucher for the winning entry and a £50 book voucher for their school.

To enter the competition:

  • Colour in the festive Two Castles scene
  • Fill in the form
  • Return it by post, email dmb@blytheliggins.co.uk or drop it off at Blythe Liggins Solicitors (FAO Donna Bothamley), Edmund House, Rugby Road, Leamington Spa, CV32 6EL by Friday 12th December 2025

Competition winners will be contacted after 15th December.

Good luck everyone!

Full terms and conditions

By entering the competition, you agree that the completed colouring sheet being submitted can be used by Blythe Liggins on the company website and social media pages, and to be displayed at Blythe Liggins’ offices.

The judges’ decision is final. The prize is non-transferable, non-refundable and cannot be exchanged for any cash alternatives in whole or in part.

The competition is open children aged 4 to 11 (except employees and families of the Promoter and its affiliate companies, agencies and anyone professionally connected with the promotion).

The competition closes on Friday 12th December 2025.

Two winners will be chosen – one in Key Stage One and one in Key Stage Two.

In each category, the winner will receive a £20 shopping voucher, and their school will receive a £50 book voucher.

Winners will be informed after 15th December.

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Six months qualifying period for Unfair Dismissal

The Government has announced the scrapping of the proposed Day One right to claim unfair dismissal, as set out in the Employment Rights Bill.

After discussions with trade unions and business representatives, the Government has decided that it will reduce the current two years’ continuous service eligibility requirement to claim ordinary unfair dismissal, to six months. There will still be Day One protection for most claims for dismissals on automatically unfair grounds (eg whistleblowing, amongst other grounds) as is currently the case.

A six-month qualifying period to make a claim for unfair dismissal, is going to be much simpler for employers and employees to navigate than the original Day One right proposal which had been accompanied by the ability to dismiss fairly in an “initial” period of employment, by following a “light touch” procedure.

A six-month qualifying period should give employers more comfort to recruit staff but will inevitably mean that employers will need to be much more focussed on ensuring that the new recruit is right for the job, in the early months of employment. Currently, employers have a buffer of the two-year qualifying period, before unfair dismissal rights accrue which can mean that employers do not always make timely decisions about an employee’s suitability for the role.

Compensation cap for unfair dismissal to be lifted

A further change is that the compensation cap for unfair dismissal will be lifted. Currently the compensatory award for unfair dismissal is one year’s gross pay or £118,223, whichever is lower (the cap does not apply to some automatically unfair dismissal claims).

It is not yet clear whether this change will mean removing the one year’s gross pay cap or the upper cap of £118,223 although it seems likely that the cap of £118,223 will remain. No doubt, clarification will be provided by the Government, in due course.

The change to unfair dismissal rights had been expected to take effect in 2027 but this now may happen as early as 2026. We await clarity on this from the Government.

The above does not constitute legal advice.

If you would like to discuss any employment matter contact, please Julia Woodhouse at 01926 831231 or jhw@blytheliggins.co.uk.

Julia is an Employment Solicitor based in Leamington Spa and advises clients across Leamington Spa, Warwick, Kenilworth, Coventry, Rugby, Nuneaton, Atherstone and further afield.

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What is a Settlement Agreement?

A Settlement Agreement is an agreement used to settle employment claims which you may have against your employer. It will usually involve the termination of your employment and a financial package will be offered to you, in return for the settlement of your claims.

The Agreement will set out details about the settlement of claims, any termination date of employment, confirmation of any notice pay and compensation, amongst other payments.

Usually, there will also be other clauses in the Agreement, such as:

  • neither party will make derogatory comments about the other
  • both parties will keep confidential the existence of the Agreement and its terms and
  • your employer will promise to provide an agreed reference for you

Do you need to take independent legal advice?

If you are offered a Settlement Agreement which you are interested in signing, you will need to take independent legal advice on its terms.

Normally, your employer will pay a contribution towards your legal costs for this advice.

If you come to us for advice, we will advise you about whether you have been offered a reasonable settlement package, taking into account the value of your claims and entitlements. In some circumstances, we may be able to get a better deal for you, by negotiating with your employer, on your behalf.

Can you ask your employer to offer you a Settlement Agreement?

In most cases, it is the employer who makes an offer of a Settlement Agreement. However, if you were prepared to leave your job and you thought that you had potential employment claims, you could ask your employer about the possibility of an Agreement; alternatively, we can approach your employer, on your behalf.

What are the benefits of signing a Settlement Agreement?

Some of the benefits of a Settlement Agreement are that:

  • you can get a written assurance about what will be said in a reference about you
  • you achieve a predictable outcome, compared to bringing Employment Tribunal proceedings; and
  • it is normally much quicker, cheaper and less stressful than making a claim in the Employment Tribunal.

Concluding a Settlement Agreement allows you to draw a line under any dispute and move forward in your career.

If you need any help, please give Julia Woodhouse a call on 01926 831231 or email her at jhw@blytheliggins.co.uk.

The above does not provide you with advice.

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Blythe Liggins were absolutely delighted to partner with British Blind Sport as they celebrated their 50th anniversary this year.

 

Since 1975, the charity (which is based in Leamington Spa) has been at the forefront of making sport accessible for blind and partially sighted people across the UK.

As part of their anniversary celebrations, the charity hosted a special Celebration Dinner and Awards Evening on 6th November 2025 at the Mallory Court Hotel. The event brought together key figures from the disability sport, charity and business sectors for an evening of reflection and recognition.

Blythe Liggins sponsored the Future Leader Award which was presented to Shoaib Nazir. Shoaib’s leadership journey began when he was appointed captain of the Lancashire Lions Development Cricket Team in 2022, before progressing to the role of vice-captain of the first team in 2025.

More recently, Shoaib has undertaken his coaching qualifications and he played a key role in establishing the Greater Manchester Gladiators Blind Baseball Team, which he now manages. The team went on to win the Primary Club 2025 League, an achievement that reflects his initiative, vision, and ability to inspire others.

Shoaib’s individual accolades are equally impressive. He was recognised by Goalball UK as Player of the Day in his first tournament, and for the past two seasons has been named Best Blind Player Nationally under Blind Cricket England and Wales.

Claire Kirwan, Partner and Head of the Personal Injury & Clinical Negligence Department, attended the event and was delighted to meet Shoaib, commenting “Through his dedication, enthusiasm, and leadership, Shoaib has become a role model for younger members and the wider community, making him a truly deserving candidate for the Future Leaders Award.”

Claire added that Blythe Liggins were delighted to be part of such a worthy event, supporting a local charity that makes an incredible difference to the lives of blind and partially sighted people across the UK.

CAPTION: Shoaib Nazir receiving his award from Claire Kirwan

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Harry Potter star David Bradley has shown his support for a local theatre group by becoming its new celebrity patron and paying a visit to rehearsals for its fundraising festive show.

The actor, who played Argus Filch in the film series, visited the first rehearsal of Raise the Roof theatre company’s upcoming Christmas production to meet the cast.

Raise the Roof was founded in memory of 11-year-old Annabel Greenhalgh from Warwick Gates, who died suddenly in October 2022. It has raised more than £10,000 to date for Birmingham Children’s Hospital in Annabel’s memory.

David joined rehearsals for Raise The Roof’s show, A Christmas with Carol, to share stories and advice with the cast, who are all from the Warwick area.

As well as his role in Harry Potter, David is a veteran of the big and small screen, and appeared in Game of Thrones and Hot Fuzz. He is also an alumnus of the Royal Shakespeare Company.

Amelia Fewtrill Webster, CEO of Raise the Roof, said: “It was wonderful to welcome David to our rehearsal for A Christmas with Carol. We appreciate him taking the time to join us and offer his wisdom.

“Having someone as talented and respected as David supporting our company fills us with pride and motivation. His generosity keeps Annabel’s memory alive and strengthens our mission to fundraise for Birmingham Children’s Hospital through the joy of performance.”

A Christmas with Carol is a musical inspired by Charles Dickens’ A Christmas Carol, reimagined with music, laughter, and festive cheer, and will be performed at the Bridge House Theatre, Warwick.

Tickets are on sale now for the three performances – an evening show on Friday 28th November and a matinee and evening performance on Saturday 29th November.

The show is being supported by sponsorship from Leamington Spa-based Blythe Liggins Solicitors, which has sponsored Raise The Roof’s previous two Christmas shows.

Donna Bothamley, partner at Blythe Liggins, said: “We are proud to have been sponsoring Raise the Roof since its first show and to watch it grow over those three years. It is great to see an esteemed actor like David Bradley offering them his support.

“Booking tickets for a Christmas show is a great way to start making festive plans, so we’d encourage people to snap up their tickets for A Christmas with Carol and help raise money for Birmingham Children’s Hospital.”

For more information and to book tickets for A Christmas with Carol, visit www.bridgehousetheatre.co.uk/show/a-christmas-with-carol/

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  • Harry Potter star David Bradley with members of Raise the Roof theatre company at rehearsals for their show, A Christmas with Carol

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Julia Woodhouse, Employment Solicitor in Leamington Spa, considers the Employment Rights Bill, including unfair dismissal changes

What is the current position on the Bill?

Before it becomes law, the Bill and amendments to it, have been passing between the House of Lords and the House of Commons.

Despite amendments proposed by the Lords, the Commons voted to retain most of the Government’s original proposals, including one of the most significant: the right to make a claim for unfair dismissal, from day one of employment. This article concentrates on that change only.

Day one right to claim unfair dismissal

Under current law, there is a two year qualifying period before employees can claim ordinary unfair dismissal (although there are exceptions for certain automatically unfair dismissals e.g.  whistleblowing).

The Lords had made an amendment to the proposed Day One right in the Bill so that an employee could only make a claim for unfair dismissal if they had six months’ service; however    this was rejected by the Commons. It seems likely that the Day One right will become law, as originally proposed.

We will need to see the detail of the Day One right, in due course. It is expected that employers will still be able to fairly dismiss employees during an “initial” period of employment. However, employers will need to follow a “light touch” procedure, notice to terminate will need to be  given in the initial period and the termination date will need to be no later than three months after the end of the initial period. The duration of the initial period has not yet been decided upon but the Government’s preference is that it is 9 months long.

Unlike dismissals for say misconduct or poor performance, it seems that dismissals for redundancy and for “Some Other Substantial Reason” (SOSR) relating to the employer, will not have the benefit of the initial period and light touch procedure. Therefore, for employers seeking to dismiss for redundancy or for SOSR relating to the employer, it is likely that they will need to follow full and fair (not light touch) procedures with all employees, from the outset of employment.

The Day One right to claim unfair dismissal is expected to take effect in 2027.

Employment Rights Bill roadmap

The Government has published its roadmap for implementing the Employment Rights Bill.  At pages 9 to 10 of the roadmap, the initial timeline which has been set out by the Government, indicates when the numerous measures are likely to take effect.

Most of the significant changes will take effect in 2026 and 2027.

The above does not constitute legal advice.

If you would like to discuss any employment matter contact, please Julia Woodhouse at 01926 831231 or jhw@blytheliggins.co.uk.

Julia is an Employment Solicitor based in Leamington Spa and advises clients across Leamington Spa, Warwick, Kenilworth, Coventry, Rugby, Nuneaton, Atherstone and further afield.

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