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Hello!

Welcome to the January 2026 edition of InView

In this month’s InView, we explore the key employment law changes you need on your radar now, and those you should be actively planning for.

We break down the new statutory rates coming into force from April 2026, including increases to sick pay, family leave payments and the National Minimum Wage, and what these changes mean for HR teams in practice.

In February, I’ll be co-hosting a practical webinar, “Redundancy and organisational change | essential guidance for HR teams.

Designed to help HR professionals manage redundancy risk with confidence, this session will support you whether you’re actively planning change or simply want to ensure your approach stands up to scrutiny. You’ll leave with greater clarity to make informed, compliant decisions, control risk and protect your organisation.

Save your spot here.

Until next month,

Jen
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Upcoming Legal Changes

Employment Rights Act 2025: The key employment law changes employers need on their radar

The Employment Rights Bill has now received Royal Assent, becoming the Employment Rights Act 2025. While most reforms will be phased in over the next two years, the direction of travel is now fixed. Employers should move from watching developments to actively planning for change. 
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Government publishes working paper on options to reform non-compete clauses 

Non-compete clauses are firmly back in the spotlight. A new Government working paper signals a potential shift towards tighter limits or even a ban prompting employers to reassess how they protect their business when key employees leave. 
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New rates for sick pay, family leave and national minimum wage from April 2026 

April 2026 brings another round of statutory rate increases, affecting sick pay, family leave pay and the national minimum wage. While the changes may look incremental, together they create real cost, payroll and compliance considerations for employers. Here’s what HR needs to have on its radar ahead of the new tax year. 
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New Case Law 

When guilt by association leads to unfair dismissal  

Can an employer dismiss someone simply because of who they are connected to? A recent tribunal decision shows the dangers of acting on association rather than evidence and why reputational risk alone is rarely enough to justify dismissal. 
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The Court of Appeal holds that Stonewall did not instruct, cause, or induce Garden Court Chambers to discriminate against a barrister because of her gender critical beliefs 

When organisations respond to external pressure, where does responsibility for discriminatory outcomes really sit? A Court of Appeal decision examines the limits of liability for third parties who complain or campaign, and clarifies when “influencing” crosses the legal line into inducing discrimination. 
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When is a dismissal not an actual dismissal: when it’s a constructive dismissal 

Constructive dismissal claims often turn on fine judgment calls rather than dramatic walkouts. A recent EAT decision shows why delay alone is rarely decisive, and why employers should be cautious about assuming a problem has been accepted just because time has passed. 
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The need to take a sensitive approach to sick leave 

Handling sickness absence is as much about tone and judgement as it is about process. A recent tribunal decision shows how an employer’s approach to meetings, language and assumptions can quickly cross the line into unlawful disability harassment with significant financial consequences.
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When workplace harassment crosses the criminal line 

Harassment at work doesn’t always look hostile or aggressive. A recent criminal conviction shows how behaviour that appears “well-intentioned” can still be unlawful and, in extreme cases, cross into criminal territory.
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HR Practice & Process

Job applicants and the question of health 

Health questions at recruitment stage can feel routine, but they carry real legal risk if handled carelessly. This article explores what employers can and can’t ask before making a job offer, and why getting adjustments wrong can quickly turn a well-intentioned process into a discrimination claim. 
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Biometric monitoring in the workplace: A high-risk area for employers 

Biometric technologies promise efficiency and security, but they also carry some of the highest legal risks employers can face under UK GDPR. Recent enforcement action shows regulators are scrutinising workplace biometrics closely and convenience alone won’t justify their use. 
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Drafting a discretionary Bonus Scheme: key considerations for employers 

Discretionary bonus schemes offer flexibility, but poor drafting can quickly turn discretion into dispute. This piece explores the key areas employers need to think about from eligibility and leavers to investigations and clawback to ensure bonus schemes remain both effective and legally robust. 
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Events & Training

Upcoming webinar | 24 February | 10.00am

This practical webinar is designed to help HR professionals manage redundancy risk with confidence.

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Register now >

Guide to Employment Law changes

From 2026, a wave of changes will roll out, creating both compliance challenges and opportunities for employers. 
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Download >

Managing Redundancy

This workshop will make sense of the legal complexities of managing a redundancy situation.
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Find out more >
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