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.

Related blogs

Changes to Unfair Dismissal eligibility requirements

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.

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

ALL SPOTS SNAPPED UP FOR TWO CASTLES RUN

Thousands of runners have signed up to take part in this year’s Two Castles Run

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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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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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What is the new duty on employers regarding sexual harassment?

Employers are now required to take reasonable steps to prevent sexual harassment of workers by other workers and by third parties, such as customers or suppliers. This duty arises from The Worker Protection (Amendment of Equality Act) Act 2023 which came into effect on 26 October 2024.

What is sexual harassment?

Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of either violating a person’s dignity or creating an intimidating, hostile, degrading or offensive environment for the person. Unwanted conduct of a sexual nature can be verbal, non-verbal (e.g. text or social media messages) or physical conduct.

When and where might sexual harassment occur?

It can obviously occur on work premises, during work time but the risk is often greater at office parties and other work connected events. When staff relax and particularly where alcohol is involved, they can do say or do things which could leave an employer liable for sexual harassment claims.

It does not matter whether the office party or other work event happens on work premises or elsewhere or during or after office hours, there is potential liability for the employer unless it has taken reasonable steps to prevent sexual harassment from occurring.

What are the penalties for breach of the law?

The Equality and Human Rights Commission is able to take enforcement action  where there is evidence that employers are failing to take reasonable steps to prevent sexual harassment. In addition, Employment Tribunals hearing sexual harassment claims are able to award an uplift of up to 25% to an employee’s compensation where they find that there has been a breach of the duty.

What action can employers take to prevent sexual harassment?

The Equality and Human Rights Commission has published an 8-step guide to help prevent and deal with sexual harassment connected to work and which can be summarised as:

  • develop an effective anti-harassment policy, setting out a zero-tolerance approach to sexual harassment
  • engage staff by having open-door policies, ensure that staff are aware of the anti-harassment policy and conduct exit interviews
  • assess and take steps to reduce the risk of sexual harassment. Employers should consider the factors which might increase the likelihood of sexual harassment and the steps which can be taken to minimise it
  • encourage the reporting of sexual harassment by having effective reporting procedures in place
  • provide mandatory training to staff on what amounts to sexual harassment and what to do if they witness or experience it
  • act immediately to resolve any complaint and communicate the outcome of it and any appeals process to the complainant
  • take measures to help minimise the risk of sexual harassment by third parties, such as assessing risk and putting reporting mechanisms in place and
  • regularly monitor and evaluate the effectiveness of the preventative steps and implement any changes arising from the review.

If you would like to discuss any employment matter, please contact Julia Woodhouse on 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.

The above does not constitute legal advice.

 

 

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