The Employment Rights Act 2025 is arguably the biggest overhaul of employment law in a generation. It is likely to lead to an increase in tribunal claims, and employers will have significantly increased responsibilities. The changes cross a wide range of areas, strengthening rights and protections for employees.

The main changes are as follows:

Unfair Dismissal

Employees currently need two years’ service to bring most unfair dismissal claims. However, this is being reduced so that employees will only need six months’ service. The cap on compensation will also be removed (at the moment it is the lower of 52 weeks’ gross pay or the statutory cap (currently £123,543)). This means that all employees with 6 months’ service on or after 1 January 2027 will be able to claim for unfair dismissal, and compensation awards are likely to be higher.

Collective redundancy

A new threshold test will be introduced, requiring collective consultation if there are 20 or more redundancies at one establishment, or if another threshold test is met (as set out in the regulations). It will involve counting employees across all workplaces. Compensation for failure to comply with this (known as the protective award) has been increased from 90 days’ to 180 days’ gross pay from 6 April 2026.

Sexual harassment

The obligation to protect employees from sexual harassment will be extended, and employers will need to take “all reasonable steps” to prevent sexual harassment from October 2026. Failing to do so can lead to an uplift of up to 25% in any compensation awarded. 

Third-party harassment

There is currently no obligation on employers to prevent employees from being harassed by third parties; however, from October 2026, employers must take “all reasonable steps” to prevent such harassment in relation to all protected characteristics. Third parties include customers and suppliers.

Fire and rehire/ dismissal & reengagement

Where an employer wishes to change contract terms, they currently have the option (where changes aren’t agreed) to dismiss and then re-engage employees on the new terms. Significant restrictions on this are being introduced, meaning that, in many cases, a dismissal in which an employee has not agreed to key new contractual terms will be automatically unfair. There will be a limited exemption relating to financial difficulties.

Statutory Sick Pay

Statutory Sick Pay (SSP) is now payable from the first day of absence, and the waiting period and the lower earnings limit have been removed. This means more employees will be eligible for SSP. This came into effect from 6 April 2026.

Extension of Tribunal time limits

The time limit to bring a claim in the employment tribunal will be extended from 3 months to 6 months for all claims. This will mean employees will have more time to bring a claim.

There are a number of other changes being introduced (for example, regarding family-friendly rights and time off, flexible working requests, holiday records, zero-hours workers, and trade unions), and employers must be aware of these and comply with them once they are in force. The Fair Work Agency has also been established as of 7 April 2026, providing another avenue for enforcement action against employers, including fines for non-compliance.

The changes haven’t all come into effect yet, although some (including the changes to SSP) apply from 6 April 2026. We are awaiting further regulations and confirmation of many of the timescales. However, there are a number of steps that employers can take now:

1. Keep up to date with timelines and regulations.
2. Update policies and other documents to reflect the changes (while taking care with contractual changes due to the new restrictions on fire and rehire).
3. Put good recruitment practices in place now and manage probation periods effectively.
4. Think about what steps can be taken to prevent sexual harassment, including carrying out risk assessments.
5. Think about what can be done to prevent third-party harassment, for example, do any commercial contracts need to be reviewed?
6. Train staff.

For further information, please contact Keystone Law.

Kelly Sayers and Emma Loveday-Hill are both Partners at Keystone Law, specialising in employment law and HR issues.

This article is for general information purposes only and does not constitute legal or professional advice. It should not be used as a substitute for legal advice relating to your particular circumstances. Please note that the law may have changed since the date of this article.

Image L-R: Kelly Sayers and Emma Loveday-Hill.

Keystone Law is delighted to announce the addition of Emma Loveday-Hill as a partner to its employment team. Emma will collaborate with Kelly Sayers, Keystone Law’s established Employment partner, who advises employers on all HR and people-related matters.

Emma is a seasoned employment law expert with an impressive data protection and privacy background. Her expertise includes advising clients on privacy policies, legislative compliance, data subject rights, managing data breaches, and navigating international data transfers.

Together, Kelly and Emma bring over 30 years of experience in providing legal counsel to companies in the transport and logistics sector. Their deep understanding of the industry and pragmatic approach make them invaluable partners to their clients.

Danny Salt, Finance Director at Hemisphere Freight Services Ltd, shared his experience working with Kelly and Emma, “I’ve worked with Kelly and Emma for a number of years. They know what we’re trying to achieve and will always find a solution to help us achieve it. They’re very pragmatic and have a wealth of experience, meaning they can easily navigate even the most difficult issues.”

Simon Fraser, Managing Director at Lombard Shipping Plc, echoed this sentiment, “They’re down to earth and easy to work with. They understand the challenges we face as a business, particularly within the logistics sector, and they give you the confidence to move forward regardless of the situation. They are absolutely the people you’d want in your corner to help you through any tricky employment law situation – they’re a formidable team.”

Kelly regularly contributes to Porttalk and is an active member of the Felixstowe Port Users’ Association, keeping the membership updated with insightful presentations on employment and HR-related topics. This will continue with Emma’s additional support, which is especially timely given the significant employment law changes on the horizon.

Keystone Law is a full-service law firm with over 500 lawyers across the UK. Our lawyers possess deep industry knowledge and extensive expertise in logistics and cover a wide range of legal matters. These include drafting and negotiating commercial contracts, resolving disputes—particularly cargo and freight claims across various modes of transport—and addressing technology and regulatory compliance challenges.

Image, L-R: Kelly Sayers and Emma Loveday-Hill

“I don’t know about you, but I happen to think brakes are pretty important.” This succinct yet striking statement, made by the Senior Traffic Commissioner during Ashtons Legal’s recent Road Transport Briefing, is a stark reminder of the criticality of brake maintenance and testing in the transport industry. While this may seem self-evident, the practical reality tells a different story.

Brake-related issues remain a frequent cause of concern during roadside inspections, annual tests, and DVSA audits. Many operators attending Traffic Commissioner hearings face discussions on brake maintenance, with outcomes often leading to licence undertakings—most commonly, the requirement for laden roller brake tests at every service inspection.

A Focused Approach to Brake Testing

The DVSA’s recently updated Guide to Maintaining Roadworthiness (GMRW) aims to clarify expectations around brake testing, introducing key updates effective from April 2025:

• Braking performance assessment enhancements
• Use of a decelerometer for testing
• Guidance on Electronic Braking Performance Monitoring Systems (EBPMS)
• Advice on outsourcing maintenance work

While the revisions do not represent dramatic changes, they refine existing guidance to ensure compliance with maintenance standards and operator licence obligations.

Why the Spotlight on Brakes?

Under Regulation 18 of the Road Vehicle (Construction and Use) Regulations 1986, operators must maintain every braking system component in “good and efficient working order.” DVSA and Traffic Commissioners emphasise that this requirement extends beyond visual inspections or replacements; operators must assess actual braking performance during all safety inspections.

Non-compliance often arises from:

• Lack of awareness of the requirements
• Overreliance on external maintenance contractors without proper vetting
• Misinterpretation of brake test reports

Key Updates to Compliance

From April 2025, operators must continue to conduct a brake performance assessment at every inspection and adapt to enhanced requirements for brake testing and documentation:

• Brake assessments are expected to only be by either brake roller, EBPMS or decelerometer with temperature readings.
• An expectation of a minimum of four laden brake tests annually if EBPMS assessments are not used.
• Risk assessments for any unladen tests: Competent persons must document reasons for any deviation from laden testing.
• Comprehensive documentation: Signed test reports, inspection records, and risk assessments must be readily available for DVSA inspection.
• Revised testing timelines: Brake performance assessments can be conducted up to 14 days before a safety inspection (an increase from 7 days).

While operators may seemingly mix laden and unladen testing methods, conducting laden roller brake tests at every service inspection could simplify compliance and reduce administrative burdens.

Challenges with Maintenance Contractors

The updated GMRW reaffirms operator responsibility for vehicle condition, even when using external contractors. Operators must ensure contractors are competent, facilities are adequate, and inspections meet the required standards. Regular maintenance contractor audits, trend analysis, and collaborative reviews are essential for maintaining oversight.

Final Thoughts

Brake testing remains a cornerstone of road safety and compliance. With the April 2025 changes on the horizon, operators must take proactive steps to align their practices with the updated GMRW. Whether conducting risk assessments, using advanced systems like EBPMS, or simply committing to regular laden brake tests, the focus must remain on achieving meaningful performance evaluations at every service inspection, without fail.

As these revisions take effect, the industry will likely witness increased scrutiny during DVSA audits and Traffic Commissioner hearings. Compliance is not optional for operators—it’s the difference between safe, efficient operations and costly disruptions or illegality.

Upcoming Webinar
To assist operators with these upcoming changes, Ashtons Legal will host a webinar on 10 December at 1200 hrs to clarify the updated GMRW guidance and answer any questions. To register for this session with Tim Ridyard or for further information, email toby.whittacker-cook@ashtonslegal.co.uk 

New sexual harassment obligations: what employers need to know

The Worker Protection (Amendment of Equality Act 2010) Act 2023 is due to come into force on 26 October 2024. The Act will:

• Introduce a duty on employers to take reasonable steps to prevent sexual harassment of their employees.
• Give employment tribunals the power to uplift discrimination compensation by up to 25% if an employer is found to have breached the duty to prevent sexual harassment.
• Give the Equality and Human Rights Commission (ECHR) powers to investigate non-compliance, issue unlawful act notices, and impose unlimited fines.

The EHRC Guidance states “the preventative duty is an anticipatory duty. It is designed to transform workplace cultures by requiring employers to take positive and proactive reasonable steps to prevent sexual harassment of their workers. This means that employers should not wait until a sexual harassment complaint has been raised before they take action.

“It doesn’t surprise me that the government has introduced these changes. Attitudes towards sexual harassment and assault in the workplace are still very poor in places, and the cases I have seen in recent years are very worrying.” Kelly Sayers, Partner and Employment Law Specialist at Keystone Law

So, what is meant by “reasonable steps?”

The new positive obligation to take reasonable steps is broadly drafted. Clearly, the more steps an employer has taken to actively seek to prevent sexual harassment in the workplace, the better it will be to defend a claim for sexual harassment successfully. However, it’s not sufficient to rely solely on good policies.

Step 1 is to risk assess—consider the risks of sexual harassment in the workplace, consider what steps could be taken to reduce or remove that risk, consider which of those steps would be reasonable to take, bearing in mind the time, cost, and potential disruption caused by taking the step, and implement any reasonable steps identified.

Step 2 is to implement policies and procedures to seek to prevent sexual harassment in the workplace. Policies should be carefully drafted and deal with potential risk factors that may arise in the workplace specific to that employer. These include policies around equal opportunities, harassment policy, considering the language used in grievance and disciplinary policies, social media, internet and I.T policies and relationships at work policies.

Step 3 is to train employees on the policies and procedures. A brief box-ticking training session that does not adequately address issues that are known to exist in the workplace will not be sufficient (even if it took place recently). Training should also include tailored advice on third-party harassment, such as dealing with difficult customers. Managers and supervisors should receive extra training.

Consider workplace culture, undertake staff surveys, and review past incidents to identify patterns or reoccurring issues. Look at the structure of your organisation and how this might “feed” harassment. Take action if complaints are raised. This means dealing with issues immediately and encouraging reporting by providing as many ways of reporting as possible. Publicise the different methods available. The role of the male sponsor. It’s important for workplaces to consider the importance of men in preventing sexual harassment in the workplace. Male colleagues can be coached to stand up for females in the workplace. Monitor compliance by diarising to update risk assessments regularly and encourage employee feedback about the workplace environment and the effectiveness of any anti-harassment measures you take.

“This is a significant change that will apply to all employers regardless of size. Employers need to act; it would be foolish to ignore it,” warned  Kelly Sayers, Partner and Employment Law Specialist at Keystone Law

For further details and support, contact Kelly Sayers on kelly.sayers@keystonelaw.co.uk

“Inclusion is not a matter of political correctness. It is the key to growth.” ~ Jesse Jackson

Gone are the days when neurodiversity was simply a moral debate. It’s now a strategic source of driving innovation in businesses worldwide. Porttalk delves into this shift with Keystone Law’s Partner, Kelly Sayers. Discover why embracing neurodiversity isn’t just ethical; it’s a savvy move for enhancing employee satisfaction, tapping into diverse talent, and staying legally compliant.

Why is neurodiversity in the workplace such a crucial topic?

Neurodiversity refers to differences in brain processing that can affect social interaction, learning, attention, sensory processing, and other aspects of interacting with the world and other people. Neurodivergent identities include Autism Spectrum Disorder (ASD), ADHD,  dyslexia, dyscalculia and dyspraxia.

These conditions very often co-occur, and many symptoms overlap. It is estimated that around 20% of the UK population has some neurodiverse condition. This means that a significant proportion of people in the workplace are neurodiverse.

There needs to be more awareness and understanding of neurodiversity and what it means to be neurodiverse. There’s also often a stigma around how neurodiverse people present. This means it is rarely considered in designing workplace processes, management practices, environments, or organisation of work. This effect is that employers overlook talent pools, do not enable people to be their most productive at work, and detrimentally impact employee wellbeing. They are also potentially exposing their businesses to significant legal risks.

Why should you embrace this as an employer?

Designing a genuinely inclusive workplace for all can produce tangible benefits for business. While many neurodiverse people face challenges in areas like social interaction and organisation, these obstacles are outweighed by the incredible strengths they bring to the table. When given the space and psychological safety to thrive, neurodivergent people can significantly enrich an organisation’s capacity for innovation and problem-solving and help challenge the status quo.

“Teams with neurodivergent professionals in some roles can be 30% more productive than those without.“ ~ Deloitte research.

How can you create a neuro-inclusive workplace?

There are a whole range of ways, including:

• Designing effective hiring processes, which include neuro-inclusive interview training and alternative assessment methods
• Consider making changes to physical space/office design/flexibility about ways of working
• Create a place of psychological safety where people feel supported and able to speak up or request adjustments. Equip managers to lead in a neuro-inclusive way
• Develop a neuro-inclusive culture by raising awareness of neurodiversity through training, respect for differences and establishing a basic etiquette
• Senior leaders taking the lead and championing neurodiversity – it’s vital to lead from the top

Pitfalls of getting it wrong

It’s pretty simple…..your business will suffer. Not only will you fail to attract talent, but the courts will come down on you like a ton of bricks should it be concluded that you have behaved in a discriminatory manner. Employment Tribunal claims for discrimination on the grounds of neurodiversity are increasing.

The Law – many people with neurodivergent conditions will not consider themselves disabled. As neurodivergence exists on a spectrum, evaluating the effect on an individual employee on a case-by-case basis will be just as important as evaluating any other condition. However, employers need to understand that the definition of disabled within the Equality Act 2010 will encompass many neurodivergent people. This may require the employer to make appropriate adjustments.

For example, ASD can cause difficulties with social interaction and adversely affect individuals with the condition in relation to activities involving communication and interpreting the subtleties of non-factual communication. Where those difficulties are such that they have a substantial adverse effect on day-to-day activities, the definition may well be met.

For all the reasons discussed above, making neurodiversity a priority for your business is a no-brainer.

Take the opportunity to enhance your business’s inclusivity and unlock your team’s full potential. Register now for Keystone Law’s upcoming webinar on neurodiversity compliance and take the first step towards creating a more equitable and productive workplace.

When: Wednesday 15th May 2024

Time: 10:00-11:00

Register your interest in attending the webinar free of charge