Sexual harassment will become a "qualifying disclosure" under whistleblowing law from April 2026. This will mean protection from detriment and unfair dismissal for whistleblowers making a sexual harassment disclosure. So, this will mean that a complaint or report of sexual harassment at work will be treated as a protected disclosure under whistleblowing legislation.Employers will need to update their Whistleblowing Policy to maintain compliance with the amended legislation.<h2 id="cea115fb-a14d-4667-a554-0c8d882c5935" data-toc-id="cea115fb-a14d-4667-a554-0c8d882c5935">What is Whistleblowing? </h2>UK law protects workers who raise concerns about wrongdoing in the public interest. Such concerns include criminal offenses, dangers to health and safety, environmental damage and breaches of legal duty. These protections are set out in the Public Interest Disclosure Act 1998.To qualify for protection, a disclosure must relate to specific types of wrongdoing (such as those noted above) and be made to an appropriate person, such as an employer or regulator. Where a disclosure meets the legal test, workers are then protected from being dismissed or subjected to detriment (e.g. disciplinary action, demotion, blocked from training, etc.) because they spoke up.There is no minimum length of service required for whistleblowing protection.If a tribunal finds that a dismissal or other adverse treatment was “materially influenced” by a protected disclosure then the employer can face an uncapped compensation award.Sourced by: Gavin Parrott

Sexual harassment will become a "qualifying disclosure" under whistleblowing law from April 2026.

Changes to Whistleblowing protections under UK law

A new report by Empathy indicates a significant lack of employer support to employees when they are grieving. The report highlighted that as the UK has an ageing population there are now more people caring for ageing parents whilst simultaneously supporting their immediate families.The consequence is that an increasing proportion of UK employees are carrying a significant burden when a loved one dies. This cohort of employees have to balance months of administrative, legal, financial and emotional strain from a bereavement with attempting to stay productive at work.Empathy’s findings show employers struggle to keep pace with the increase in bereavement related pressures. The report shows a gap between what employees need and what their employer provides. This misalignment is undermining employee wellbeing, productivity, and retention.<h2 id="afcdefef-cf0d-49a6-942f-0a6c32c472c0" data-toc-id="afcdefef-cf0d-49a6-942f-0a6c32c472c0">Employer risks</h2>Employees now expect meaningful support from their employers following a bereavement.The Empathy data shows that 48% of employees that have experienced a loss would leave their job if the support from their employer was inadequate. This figure is highest amongst younger generations with 57% of Millennials and 74% of Gen Z saying they would leave if they deemed the support inadequate.The findings show that 92% of employee placed a high value on bereavement related employee benefits.23% of employees said the level of bereavement related benefits would influence their decision when considering a potential new employer. 100% of Gen Z employees placed a high value on bereavement-related employee benefits. The data indicates the wellbeing expectations younger workers now expect from their employers.<h3 id="fa7d79ed-e7c5-4963-a4de-6277ec3bf92e" data-toc-id="fa7d79ed-e7c5-4963-a4de-6277ec3bf92e">The breakdown of the most valuable benefits when considering an employer was:</h3><ul><li>23% bereavement support</li><li>17% parental leave</li><li>11% Employee Assistance Programme (EAP) and counselling services</li><li>5% gym membership and fitness benefits</li></ul>Impact and cost to employers of inadequate bereavement supportThe data shows the significant and long-lasting impact of bereavement on employees.In the first 12 months after a bereavement, 30% of employees still regularly struggle to concentrate at work. Furthermore, 27% of employees acknowledged that they were less productive.The most impacted generational group are millennials. 37% regularly struggled to concentrate and 35% had lower productivity. Furthermore 16% of the cohort were frequently missing work in the months after losing a loved one.The findings indicate that a Bereavement Policy alone is insufficient and employers need to offer more to grieving employees.<h3 id="b5334649-8127-4a0f-a38c-6e71b92abb72" data-toc-id="b5334649-8127-4a0f-a38c-6e71b92abb72">Employer options might include</h3><ul><li>Holding Manager and Employee 121s to identify the support the employee needs</li><li>Giving access to an EAP (employee assistance programme)</li><li>Paying for counselling sessions (or paying for time off to attend appointments)</li><li>Paying for access to financial advice (or paying for time off to attend appointments)</li><li>Temporarily adjusting workings hours or days</li></ul>The research shows a current need for employers to be ready to step in with bereavement support that is both practical and people focused.Sourced by: Gavin Parrott

A new report by Empathy indicates a significant lack of employer support to employees when they are grieving. 

Shortfall in support from employers to grieving employees 

A non-binary NHS therapist, who brought a harassment claim against their employer, has lost their tribunal case when it was ruled that they did not have the protected characteristic of gender reassignment.The employee, Haech Lockwood, had made a claim of harassment relating to gender reassignment which involved incidents where they had been “mis-pronounced” and “deadnamed.” Deadnamed is the act of calling a transgender person or non-binary person by the name that they no longer use because it matched the gender they were said to have at birth.Lockwood was born female and given the name Heather. They identify as non-binary and use the pronouns they/them. When they first applied for their job, they informed the NHS that they were non-binary. After starting in the role an email was sent to colleagues in their team saying they wished to be known as Haech Lockwood. The email said they identified as trans/gender fluid, their pronouns were they/them and they did not identify as male or female.The email also said that use of their deadname caused gender dysmorphia.The incidents of alleged harassment included delays in updating the trust’s IT systems once Lockwood had changed their first name by deed pool. Lockwood also received a letter from occupational health addressed to “Other Heather Lockwood.” They were referred to as “her” by IT support, “she” at a Covid clinic and by their deadname in patient communications.The tribunal considered Section 7 of the Equality Act and previous tribunal cases in which gender reassignment is intended to cover a “spectrum of moving away from birth sex” (i.e. moving from point A to Z where A and Z are biological sex).<h2 id="5aec4551-3cba-451e-bb8e-262fea967e13" data-toc-id="5aec4551-3cba-451e-bb8e-262fea967e13">The relevant premises being:</h2><ul><li>someone describing themselves as non-binary is not a point A or Z</li><li>someone describing themselves as gender fluid is at different places between point A and Z</li><li>someone transitioning is moving from point A but not necessarily ending at point Z<h2 id="0d1e1d47-c6ea-4de5-b483-64351fea58b9" data-toc-id="0d1e1d47-c6ea-4de5-b483-64351fea58b9">Tribunal Findings</h2></li></ul>The tribunal said, “the claimant is non-binary. Their sex at birth was female. They have no intention to transition to the male sex. Then have changed their name by deed poll to Haech and live under that name. They have the preferred pronouns of they/them. The claimant intends taking no other steps to change their sex, medical or otherwise.”The judgement cited the Supreme Court’s recent finding (in the For Women Scotland case) that “sex” within the Equality Act 2010 means biological sex and therefore sex is a binary concept i.e. male and female.The tribunal asked “what journey” did Section 7 of the Equality Act require the employee to be on for them to have the protected characteristic of gender reassignment? Referring to the Supreme Court ruling that sex is biological and binary then the “journey” can only be from one sex to another.Section 7 protects the process of reassignment and the protections for “sex” and “gender reassignment” are separate for the purposes of discrimination with each having separate protections.The actions taken by the employee were steps to move away from the female sex to a different gender identity (i.e. non-binary). These were not steps to reassign their sex from female to male.Consequently, the tribunal found that Lockwood “does not have the protected characteristic of gender reassignment.”The tribunal did acknowledge Lockwood was offended and upset by the incidents but could not conclude that these had violated their dignity.Whilst this finding does not set a precedent in case law unless the decision is upheld at appeal it is a significant guide for how gender identity should be interpreted under the Equality Act.Sourced by: Gavin Parrott

A non-binary NHS therapist, who brought a harassment claim against their employer, has lost their tribunal case

Being non-binary does not give transgender protections under Equality Act to NHS Therapist 

The new regulations arising from the Employments Rights Act 2025 have now given us more details on the changes taking effect from April 2026, which will benefit many parents in the workplace.<h2 id="31c14c7d-d333-45fe-ab07-865fd9fb646b" data-toc-id="31c14c7d-d333-45fe-ab07-865fd9fb646b">Here is a summary of the amendments:</h2><h3 id="55d4bb6d-2678-494f-bb24-fc63a0221da0" data-toc-id="55d4bb6d-2678-494f-bb24-fc63a0221da0">Paternity leave</h3>Employees will have the right to take statutory paternity leave from their first day of employment. This change will remove the existing six-month qualifying period before an employee can take statutory paternity leave.<h3 id="23f44620-bca9-4994-b369-393858894eca" data-toc-id="23f44620-bca9-4994-b369-393858894eca">Bereaved partners paternity leave</h3>A new “paternity leave for bereaved partners” will provide up to 52 weeks of leave for fathers and partners who lose their partner before their child’s first birthday. The new right effectively passes the maternity leave entitlement from the mother to the father/partner in the tragic event of the mother dying.<h3 id="52c6eafe-dc17-4f69-aadc-ba7cabcf5974" data-toc-id="52c6eafe-dc17-4f69-aadc-ba7cabcf5974">Parental leave</h3>Employees will have the right to take parental leave from their first day of employment. This change will remove the existing 1 year qualifying period before an employee becomes eligible. Parental leave is the entitlement to 18 weeks of unpaid leave for each child until that child is 18. It must be taken in a minimum of a block of 1 week with a maximum off 4 weeks a year for each child.Sourced by: Gavin Parrott

Employments Rights Act 2025 have now given us more details on the changes taking effect from April 2026, which will benefit many parents in the workplace.

Paternity and parental leave changes in April 2026

<h1 id="b81ecb54-a2f4-41d8-9114-52a2c1c35a4d" data-toc-id="b81ecb54-a2f4-41d8-9114-52a2c1c35a4d">1. Right to claim unfair dismissal will apply after six months of Service </h1>The Employment Rights Bill (ERB) is finally moving forward after the government agreed to forego a manifesto pledge that employees would be given a day one right to claim for unfair dismissal.Having faced opposition from the House of Lords and employer groups - the government has amended the bill so that the new legislation which will now grant employees the right to bring a claim for unfair dismissal after six months service. Also, the previous suggestion of a “light touch” dismissal process in the first nine months will not be proceeding.This means employers can apply their probation review processes and dismiss a new starter within six months if they are not meeting the requirements of their role.However, there will still be new day one rights coming into effect.<h2 id="5b7526f0-7bb7-47b8-84d4-1f5eca74035e" data-toc-id="5b7526f0-7bb7-47b8-84d4-1f5eca74035e">Statutory Sick Pay</h2>From April 2026 - employees will be entitled to statutory sick pay from day one of employment and from day one of a sickness absence with the three “waiting days” being removed.<h2 id="4bea67ff-508f-4987-9dc4-5fadd02601c0" data-toc-id="4bea67ff-508f-4987-9dc4-5fadd02601c0">Paternity Leave</h2>From April 2026 - employees will be able to give notice and take paternity leave from their first day in a new role.<h1 id="c8922528-0557-41d8-9f28-7d42c939af6e" data-toc-id="c8922528-0557-41d8-9f28-7d42c939af6e">2. New employer to notify employees of right to join a union</h1>The ERB will introduce a new duty on employers to provide employees with a written statement setting out their right to join a trade union. Under the legislation employers will be required to write to existing employees and state they have the right to join a union.We understand that the government will be providing a “standardised statement” which employers can include when writing to their employees to explain their right.New employees must be issued with a “statement” at the same time as they receive their written statement of employment particulars. This means that the “statement” needs to be issued by no later than day one of employment thereby aligning with when employment contracts must also be issued to new starters. There will be an ongoing requirement to inform existing employees of their right to join a union.Consultation for how and what this will look like are ongoing.We expect employers to be required to issue annual reminders to employees (e.g. letters, emails, etc). In addition, employers can communicate details of the right to join a union on their intranets, notice boards, newsletters, etc., so they can evidence that they are fulfilling their duty.This new duty is expected to be brought into force by October 2026.<h2 id="928975e9-2e5d-4f3f-b2e4-fcb4281d85fd" data-toc-id="928975e9-2e5d-4f3f-b2e4-fcb4281d85fd">You might be wondering why this is necessary?</h2>Well, the rationale is that the Government considers that a lack of awareness amongst employees of their right to join a trade union is contributing to a decline in trade union membership.In 2024, union membership was at 22% of UK employees which is the lowest level on record. The new duty is intended to address this issue. The aim being that increased employee awareness will lead to increased trade union membership “and establish a more level playing field for workers.”<h2 id="8fb65014-ee98-400d-a268-062d7c377024" data-toc-id="8fb65014-ee98-400d-a268-062d7c377024">Consequences of failing to notify employees of their right to join a Union?</h2>Employees will not be able to bring a standalone claim at an Employment Tribunal. However, if an employee succeeds with another claim, any failure to notify (i.e. of the right to join a union) may result in an award of between two and four weeks’ pay.We will be sending further updates via e-bulletins as we receive further details on the ERB.Sourced by: Gavin Parrott

The Employment Rights Bill (ERB) is finally moving forward after the government agreed to forego a manifesto pledge that employees would be given a day one right to claim for unfair dismissal.

Employment Rights Bill Update

The government has announced the new statutory pay rates that will come into effect from 06 April 2026.Statutory maternity, paternity, adoption, shared parental, neonatal care and parental bereavement leave pay rates will all increase from £187.17 to £194.32 per week.Statutory Sick Pay rates will increase from £118.75 to £123.25 per week.<h2 id="88c00f7e-8590-4113-ba4a-4a967589d507" data-toc-id="88c00f7e-8590-4113-ba4a-4a967589d507">2026 Increases to National Minimum Wage and Living Wage rates</h2>The government has announced the new National Minimum Wage and National Living Wage rates that will come into effect from 01 April 2026.<h3 id="f8f67037-d5f3-40f0-bee8-e1dbea4f4663" data-toc-id="f8f67037-d5f3-40f0-bee8-e1dbea4f4663">The new hourly rates will be:</h3><table style="minWidth: 50px"><colgroup><col><col></colgroup><tbody><tr><td colspan="1" rowspan="1">21 and over</td><td colspan="1" rowspan="1">£12.71</td></tr><tr><td colspan="1" rowspan="1">18- 20 years old</td><td colspan="1" rowspan="1">£10.85</td></tr><tr><td colspan="1" rowspan="1">Under 18s</td><td colspan="1" rowspan="1">£8.00</td></tr><tr><td colspan="1" rowspan="1">Apprentices</td><td colspan="1" rowspan="1">£8.00</td></tr></tbody></table>Sourced by: Gavin Parrott

The government has announced the new statutory pay rates that will come into effect from 06 April 2026.

2026 increases to statutory pay rates

Awaab’s Law came into force on 27 October 2025, and it’s already reshaping how social landlords and contractors manage housing conditions across England. The law brings in strict, legally binding timescales to make sure serious hazards - especially damp, mould, and emergency risks - are dealt with quickly and effectively.If you’re a landlord, contractor, or part of a housing safety team, these new requirements will directly impact how you work, how you manage repairs, and how you communicate with tenants.<h2 id="2be65c28-b28b-4f59-9d0c-5f0233aea07b" data-toc-id="2be65c28-b28b-4f59-9d0c-5f0233aea07b">Here’s what the law now expects from you:</h2><ul><li>Investigate significant damp and mould concerns within ten working days of being made aware</li><li>Make homes safe within five working days when an investigation confirms a serious risk</li><li>Provide a written report to tenants within three working days, explaining what you found and what happens next</li><li>Complete emergency repairs within 24 hours where there is immediate danger</li><li>Offer temporary alternative accommodation when a home cannot be made safe within the legal deadlines</li></ul>These aren’t just best-practice recommendations - they are legal duties. Non-compliance can lead to enforcement action, compensation claims, reputational damage, and significant financial consequences.<h2 id="be1edbf5-5c61-4d3f-8396-eda0f480b94c" data-toc-id="be1edbf5-5c61-4d3f-8396-eda0f480b94c">Useful resources</h2>We’ve created a Awaab’s Law Video Toolbox Talk - explaining the key duties and timescales in a clear, accessible way.<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.youtube.com/watch?v=1clESZJP0V0">Click here</a> to watch the toolbox talk video.Our one-day HHSRS course is designed to give you the knowledge and tools to avoid compliance pitfalls and stay confident in your housing safety decisions.<a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.ssg.co.uk/courses/housing-health-and-safety-rating-system">Click here</a> to find out more and book your spot on one of our courses.<h2 id="0ae55b7f-6131-4c2a-9982-8c9dc5abefb9" data-toc-id="0ae55b7f-6131-4c2a-9982-8c9dc5abefb9">A quick breakdown of the requirements</h2><table style="minWidth: 183px"><colgroup><col style="width: 158px"><col></colgroup><tbody><tr><td colspan="1" rowspan="1" colwidth="158" style="padding:.75pt .75pt .75pt .75pt">Topic</td><td colspan="1" rowspan="1" style="padding:.75pt .75pt .75pt .75pt">Key highlights</td></tr><tr><td colspan="1" rowspan="1" colwidth="158" style="padding:.75pt .75pt .75pt .75pt">Awaab’s Law (Phase 1)</td><td colspan="1" rowspan="1" style="padding:.75pt .75pt .75pt .75pt">24-hour emergency response; damp and mould investigations within 10 days; tenant summary within three days; fix within five days (or 12-week max).</td></tr><tr><td colspan="1" rowspan="1" colwidth="158" style="padding:.75pt .75pt .75pt .75pt">Rollout timeline</td><td colspan="1" rowspan="1" style="padding:.75pt .75pt .75pt .75pt">2025: Damp, mould, emergencies2026: Additional hazards2027: All HHSRS hazards (except overcrowding).</td></tr><tr><td colspan="1" rowspan="1" colwidth="158" style="padding:.75pt .75pt .75pt .75pt">Enforcement</td><td colspan="1" rowspan="1" style="padding:.75pt .75pt .75pt .75pt">Tenants can pursue legal action; Housing Ombudsman and Regulator have strengthened enforcement powers.</td></tr><tr><td colspan="1" rowspan="1" colwidth="158" style="padding:.75pt .75pt .75pt .75pt">Action steps</td><td colspan="1" rowspan="1" style="padding:.75pt .75pt .75pt .75pt">Train staff, update procedures, put tracking systems in place, prepare for phased rollout</td></tr></tbody></table>&nbsp;

Awaab’s Law came into force on 27 October 2025, and it’s already reshaping how social landlords and contractors manage housing conditions across England.

Awaab’s Law: what this means for you as a landlord or contractor

Recent research has shown that between 2017 and 2024 the number of race discrimination claims has tripled. The primary reasons are likely to be increased awareness by employees of legal protections and a growing willingness to call out both blatant and “unconscious” bias.In this article we will look at what employers can learn from two recent cases.<h3 id="854565ea-11b2-4227-bbe5-2316326661be" data-toc-id="854565ea-11b2-4227-bbe5-2316326661be">Accents and harassment</h3>In the case of Miss Carozzi vs University of Hertfordshire, an Employment Appeal Tribunal (EAT) found that comments about an employee’s accent was harassment related to race. In the case Carozzi, who is a Brazilian Jew, argued that comments by colleagues saying she was “hard to understand” violated her dignity.The EAT found that an accent may form a key part of a person’s national or ethnic identity. It found that harassment does not require discriminatory intent. Instead, a comment only needed to be related to race and be considered as offensive for it to be deemed as harassment.<h3 id="98c249f0-a0c4-44e7-bdc3-3a4230d13f8c" data-toc-id="98c249f0-a0c4-44e7-bdc3-3a4230d13f8c">Learning for employers</h3><ul><li>Focus on prevention by conducting awareness training for all employees.</li><li>Training needs to begin at induction to set the culture and standards from day one.</li><li>Make awareness training an annual occurrence.</li><li>Assess how employees demonstrate respectful behaviours during annual reviews.</li><li>Consider implementing company values that underpin interactions as all levels.</li></ul>By taking these actions, an employer can demonstrate they have taken all reasonable steps to prevent harassment.<h3 id="84d8433b-968b-4a51-9a1c-6c451c444cc1" data-toc-id="84d8433b-968b-4a51-9a1c-6c451c444cc1">Company cultures which tolerate racist comments</h3>In a second case, Mr Mbonu successfully claimed at tribunal that his employer, the Secretary of State for Justice, had tolerated a culture where employees openly made racist remarks without consequence.He argued that the acceptance of this culture led to a situation where allegations of misconduct against him resulted in him being dismissed for gross misconduct but other employees who faced similar allegations received lesser sanctions.Mr Mbonu successfully argued that this inconsistency demonstrated less favourable treatment due to race.<h3 id="6e9b3f9a-bf29-4469-ad47-73e6d61ae873" data-toc-id="6e9b3f9a-bf29-4469-ad47-73e6d61ae873">Learning for employers</h3>Consistency - The case of Mr Mbonu emphasises the need for consistency in how employers address concerns about conduct and performance. Employers need to adhere to their own disciplinary and capability processes to reduce the risks of employers claiming they are acting without consistency.The need for consistency equally applies to decisions on recruitment, promotion and training.Embed policies – Employers need to ensure that their harassment and bullying policy is reissued annually to employees and that awareness is reinforced. This can be through toolbox talks, team discussions, workshops or talking through real tribunal cases and what the team can learn from them.Role model behaviours – Employers need to ensure that leaders role model the correct behaviours and demonstrate there can be no tolerance of racism.Culture – The case of Mr Mbonu shows the importance of addressing a culture where harassment is tolerated. Incidents of harassment must be investigated and appropriate internal action taken against perpetrators. Otherwise company directors and organisational leaders risk tribunals and costly legal expenses.

Recent research has shown that between 2017 and 2024 the number of race discrimination claims has tripled.

Preventing race discrimination – What employers can learn from recent tribunal cases

An employee’s dismissal for greeting a manager with the phrase “top of the morning to ya” has been found to be unfair at tribunal.In the case, Karl Davies, who worked for a ready meal manufacturer, greeted a manager with the phrase whilst assuming a mock Irish accent. At the time, the manager was escorting a visitor at the plant who had red hair. The company investigated the incident as alleged racial harassment.The manager appointed to investigate was one whom Mr Davies had raised a grievance against, which was still unresolved when the process began.The tribunal judge noted that Mr Davies manner and use of the accent was “reprehensive, mocking and goading” and noted that he did not approve of the mocking nature of the greeting, but he did not find that Mr Davies purpose had been to racially harass his manager.The judge found the investigation to be fundamentally flawed though a lack of impartial investigation that directly contributed to the unfair decision to dismiss Mr Davies for harassment.The company had also ignored Mr Davies previous clean disciplinary record and 27 years of employment with the company. The judge ruled that Mr Davies should be awarded £16,500 in compensation.<h3 id="d9e44aaa-4a2d-45a5-a690-0fe4252cc4c4" data-toc-id="d9e44aaa-4a2d-45a5-a690-0fe4252cc4c4">Learning for employers</h3><ul><li>Arrange annual refresher training on harassment and bullying that always covers the need for respectful and inclusive language and terms. Ensure staff at all levels understand that it is not appropriate to make jokes or comments that might be perceived by the recipient as culturally insensitive.</li><li>During training give employees examples of harassment. Provide examples of jokes that would be perceived as racist, sexist, homophobic or ageist. Discuss derogatory or stereotypical remarks about a particular ethnic or religious group, religion or belief, or gender.</li><li>Remind employees that harassment includes unwanted conduct which can include physical gestures or mimicry.</li><li>Ensure your bullying and harassment policy is reissued each year alongside refresher training or toolbox talks.</li><li>Conduct mandatory training or employees involved in incidents in the workplace. Managers should also receive specific training on how to deal with disciplinary procedures and be informed on how to escalate appropriately.</li><li>Ensure an independent manager with necessary skills and experience is appointed to investigate more serious misconduct allegations.</li><li>Consider the length of an employee’s service and clean disciplinary record when deciding on the appropriate sanction at a disciplinary hearing.</li></ul>

An employee’s dismissal for greeting a manager with the phrase “top of the morning to ya” has been found to be unfair at tribunal. 

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