Insights
Government confirms new consultation process and reasonableness test for statutory flexible working requests from autumn 2027
25 Sept 2026Following consultation, the government has confirmed that regulations prescribing a new process for handling flexible working requests, and the new reasonableness test under the Employment Rights Act 2025, will both take effect in autumn 2027.
Employment tribunals must clearly explain the basis for aggravated damages awards in discrimination cases
25 Sept 2026Tribunals awarding aggravated damages must identify a specific aggravating factor, explain what further injury it caused and ensure that this is not already compensated by an injury to feelings award.
Tracker: Employment Rights Act
25 Sept 2026The Employment Rights Act is changing many aspects of employment law.
Below is a summary of key provisions, organised by topic.
Government confirms details of new statutory bereavement leave entitlement
23 Sept 2026From April 2027, employees will have a day one right to up to two weeks' bereavement leave, covering a wide range of family relationships, and pregnancy loss before 24 weeks.
The EAT provides guidance on the use of generative AI by litigants in person
23 Sept 2026The Employment Appeal Tribunal (EAT) has reminded litigants that they remain responsible for documents prepared with generative AI, including their accuracy, relevance and compliance with procedural rules.
Can employees be personally liable for failures to make reasonable adjustments?
23 Sept 2026An employer has the duty to make reasonable adjustments, but an employee whose actions breach that duty may also be personally liable. The Employment Appeal Tribunal (EAT) has confirmed that claims against individuals cannot be ruled out simply because the duty rests with the employer.
