Articles

The government has launched a consultation on a revised Code of Practice governing access and unfair practices during trade union recognition and derecognition processes, alongside proposals to update the law on unfair practices to support electronic balloting. The changes will affect how employers engage with unions from an earlier stage in the process and will increase scrutiny of employer conduct.

The Employment Rights Act 2025 represents a programme of reform that will unfold over the next two years. For school employers, the focus is now firmly on timing, prioritisation and forward planning.

The EAT confirms that disciplinary investigations are judged for overall fairness, not perfection, and that limited overlap of roles or unwise comments will not necessarily undermine a misconduct dismissal.

The EAT draws a clear distinction between pre- and post-transfer obligations, confirming when a failure to align pay following insourcing can amount to indirect race discrimination.

The Court of Appeal has confirmed that appeals to the Employment Appeal Tribunal must comply strictly with procedural time limits and document requirements, even where an appellant is unrepresented or facing personal difficulties.

The government has confirmed that the new statutory fire and re-hire protections will take effect from January 2027, later than previously expected.