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Hello!

Welcome to the New Year 2026 edition of InView

The New Year is bringing a few important changes with the government raising minimum wages from April, and as of December 2025, employers will have significantly more time to engage in Acas Early Conciliation before a tribunal claim can be issued. While intended to ease pressure on the system, the change has practical consequences for how HR manages risk, evidence and timing in disputes.

We also take a look at a recent Employment Appeal Tribunal decision that’s a good reminder that delay can be costly. The case shows how slow handling of misconduct allegations can seriously undermine the fairness of a dismissal – proof that timing isn’t just a technicality, it can be decisive.

Alongside this, we’re sharing practical tips on how to handle retirement discussions with confidence, and exploring why getting holiday management right really matters (and the risks of leaving it to chance).

Until next month,

Jen
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Upcoming Legal Changes

Employment Rights Bill Agreed by House of Lords now ready for Royal Assent 

After months of parliamentary deadlock, the Employment Rights Bill has cleared its final hurdle in the House of Lords. A key compromise on unfair dismissal rights has unlocked progress, reshaping what employers can expect when the new regime eventually takes effect. We look at what’s changed, what hasn’t, and why HR should start planning now rather than later. 
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Government announces minimum wage rises for 2026 

New national minimum wage rates will come into force from April 2026, bringing fresh cost pressures and compliance risks for employers. We outline what’s changing and where HR teams need to pay close attention.
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Acas Early Conciliation Period extended from six to twelve weeks 

From December 2025, employers will have significantly more time to engage in Acas Early Conciliation before a tribunal claim can be issued. While intended to ease pressure on the system, the change has practical consequences for how HR manages risk, evidence and timing in disputes. 
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New Case Law 

A ‘timely’ reminder that misconduct should be investigated without delay

A recent Employment Appeal Tribunal decision highlights how delay in handling misconduct allegations can undermine the fairness of a dismissal. The case is a clear reminder that timing is not just procedural, it can be decisive.
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Court of Appeal rules that employees can claim against employer and co-workers for ‘detriment of dismissal’ in whistleblowing claims

A Court of Appeal ruling has reopened a complex corner of whistleblowing law, confirming that dismissal itself can amount to a whistleblowing detriment where co-workers are involved. The decision adds another layer of risk for employers navigating whistleblowing complaints. 
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Hindsight’s a wonderful thing: why employers can’t retrospectively change their reason for dismissal 

 A recent Employment Appeal Tribunal decision shows why employers only get one chance to get dismissal right. When notice, probation and misconduct collide, hindsight won’t save a flawed decision.
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Non-competition provisions in employment contracts: key challenges to enforceability 

Non-compete clauses can feel like a powerful safeguard, but they’re also one of the easiest contractual protections to get wrong. A recent decision highlights why overly broad restrictions are vulnerable to challenge and what employers should keep in mind when trying to protect their business after an employee leaves.
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HR Practice & Process

How to handle retirement discussions: Top tips for HR

Retirement conversations can easily drift into risky territory if they’re poorly timed or wrongly framed. Here we explore how HR can approach discussions about future plans without assumptions, discrimination risk, or unintended tax consequences. 
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Why employers need to make sure that employees take a break from the workplace 

Annual leave isn’t just a benefit employees can choose to ignore. UK law places positive duties on employers to encourage rest and ensure workers actually take time away from work. Here we explore why managing holiday properly matters and the risks of leaving it to chance. 
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Events & Training

The Disciplinary Process | knowing when and how to take action

In this session, our sister company WorkNest’s Employment Law and HR experts explain when disciplinary action is appropriate – and when it might not be

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Watch on demand >

Employment Rights Act 2025: What employers need to know

After months of scrutiny, debate and political back-and-forth, the Employment Rights Act 2025 (ERA 2025) is now law, following Royal Assent.
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Find out more >

Guide to Getting Ready for Redundancy Reforms

This short guide will help take the complexity out of disciplinaries and investigations.
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Download >
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