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Category: HR advice

September Newsletter 2026

Posted on by Caroline Payne

One in five businesses not offering sexual harassment training

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From October 2026, two separate legal duties around workplace harassment are changing under the Employment Rights Act 2025.

The first: the duty to prevent sexual harassment is being upgraded.

The current standard, taking “reasonable steps”, is being replaced with “all reasonable steps”. This means that a policy alone won’t cut it anymore. You need to show that you’ve done everything you reasonably could to prevent harassment and that evidence has to be there before anything goes wrong.

The second: third-party harassment is becoming a standalone legal liability.

If a client harasses one of your employees at a meeting, or a contractor makes a comment at a work event, you can be held responsible if you can’t demonstrate that you took all reasonable steps to prevent it. This applies to harassment connected to any protected characteristic, not just sexual harassment.

A poll of 985 HR professionals in July 2026 by compliance eLearning provider VinciWorks revealed that a fifth of UK businesses haven’t given managers sufficient training on the new rules.

If you haven’t started preparing yet, now is the time.

What does being compliant with both duties look like?

1️⃣ Your harassment policy is up to date and specifically covers third-party harassment

2️⃣ You can prove your team has read and acknowledged it

3️⃣ Your managers have had proper training on recognising and handling harassment

4️⃣ There’s a documented reporting process that your employees know how to use

5️⃣ You’ve done a written risk assessment for higher-risk roles or environments

6️⃣ You could pull all of that evidence together quickly if asked

If you have gaps, you’re not alone, but they need fixing before October.

Reach out if you’d like to find out more about our harassment reviews.

Visa sponsorship done wrong: a £30k lesson for employers

A recent employment tribunal awarded a care worker almost £30,000 after his employer, Swan Care Solutions, failed to give him work.

The company sponsored him for a skilled worker visa, brought him to the UK and then never gave him any shifts or paid him a salary.

The tribunal found that his employment had begun once he was in the UK with a valid visa and that the employer had simply withheld work from him for a year. The company’s sponsorship licence has since been revoked.

The message for employers is straightforward.

Sponsorship creates real contractual and legal obligations from day one. If you’re considering sponsoring a worker, make sure that the role genuinely exists, the hours are available and you can honour what’s on the certificate of sponsorship before you make any commitments.

Is your employee's AI use leaving you exposed?

The majority of employees are now using AI tools as part of their day-to-day work.

But, as business owner, if you don’t have the right policies and training in place around how AI’s being used, you’re potentially leaving yourself exposed.

The most immediate problem is data protection.

When an employee pastes client information, financial data or internal correspondence into a third-party AI tool, that information often leaves your control. Depending on the tool and its settings, it may be used to train the model or stored externally.

You could be in breach of your data protection obligations before you’ve realised what’s happened.

Then there’s quality. AI generates convincing output, but it also generates convincing errors. If your employee sends a client a document or calculation that was produced by an AI tool and never properly checked, the mistake has your business’s name on it.

There are also questions around IP ownership that most employment contracts simply don’t address. If an employee produces work using an AI tool, who owns it? Your contract probably doesn’t say. And if someone submits AI-generated work as their own without disclosing that, how do you handle it? Is that a conduct issue? Your policies need an answer.

A basic AI use policy doesn’t need to be complicated. It should cover which tools are and aren’t permitted, what types of data must never be entered into an AI tool, how AI-generated work should be reviewed before use and how to handle it in client-facing work.

We can help you to put a policy together that’s proportionate and practical, without banning tools your team genuinely finds useful. If you don’t have one yet, now is a good time to get in touch.

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The government wants to give zero-hours workers guaranteed hours

The government has launched a consultation on reforms to zero-hours and similar contracts under the Employment Rights Act 2025.

The proposal is that qualifying workers would be offered guaranteed hours reflecting what they actually worked over a reference period, with the government’s preferred option being 12 weeks.

Workers would also get reasonable notice of shifts and compensation if shifts are cancelled or changed at short notice. The measures are expected to come into force in 2027 and the consultation closes on 25 August.

For small businesses that rely on flexible staffing, this is worth keeping a close eye on. The detail will matter a lot, particularly around how the reference period works and which workers qualify.

More than half of UK businesses say that hiring is harder than it was a year ago

New data from Employment Hero, based on a survey of over 1,000 business leaders, found that 56% of UK businesses believe that employing staff has become more complex over the past 12 months.

Employment costs for full-time staff have risen by an average of 9.6% in a year, driven mainly by higher salaries and rising National Insurance contributions.

Nearly one in five small businesses said that new employment laws significantly discourage them from hiring. Two thirds reported increased costs as a direct result of recent legislative changes.

The picture is real and it’s getting more important to have clear processes and policies in place, so that managing people doesn’t become the thing that holds growth back.

Your top HR questions

What counts as “all reasonable steps” to prevent harassment?

From October 2026, “all reasonable steps” is the new legal standard employers must meet to prevent sexual harassment at work, replacing the current “reasonable steps” duty.

In practice it means having an up-to-date policy that covers third-party harassment, records showing that staff have read and acknowledged it, documented manager training, a clear reporting process and a written risk assessment for higher-risk roles or environments. The key is evidence. You need to be able to show that you acted proactively, not just that a policy existed somewhere.

It’s also worth knowing that from October 2026, a separate new duty makes employers directly liable for harassment by third parties like customers, clients and contractors, across all protected characteristics. The same evidence base covers both.

Can I change an employee’s working hours without their agreement?

Generally, no. If hours are set out in the employment contract, changing them without agreement is a breach of contract and could give rise to a constructive dismissal claim.

You need to consult, explain the business reason and try to reach an agreement.

It’s also worth knowing that new fire and rehire rules, expected to come into force in January 2027 under the Employment Rights Act 2025, will make dismissing someone for refusing a contract change automatically unfair in most cases.

If you’re thinking about changing terms and conditions, take advice first.

Do I have to give a reference if a former employee asks for one?

In most cases, no. There’s no general legal obligation to provide a reference in the UK, with limited exceptions in some regulated sectors such as financial services.

However, if you do provide one, it must be accurate and not misleading. A reference that’s factually wrong or unfairly negative could give rise to a negligent misstatement claim.

Most employers are best placed sticking to a basic factual reference covering job title, employment dates and, if appropriate, a brief summary of the role.

If you’re considering declining to give a reference or have concerns about what you can say, it’s worth taking advice before you respond.

Click here to arrange a call

August Newsletter 2026

Posted on by Caroline Payne

Interim HR support might be your most
cost-effective HR option

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If you think HR support means hiring someone full-time or managing without because that’s too expensive, think again.

There’s a middle option that a lot of businesses overlook.

Interim HR support has been growing as a solution for businesses that need real expertise for a specific period. Maybe for a restructure, a complex people issue or for getting ahead of Employment Rights Act changes.

The appeal is straightforward. You get senior HR expertise when you actually need it, without the salary, the notice period or the long-term commitment.

For many small businesses, it works out significantly cheaper than either hiring or doing nothing and picking up the cost of getting things wrong later.

The Employment Rights Act is bringing the biggest changes to employment law in a generation. Unfair dismissal rights will apply from six months in service from January 2027. The Fair Work Agency is already operational and actively inspecting records.

Businesses that haven’t needed dedicated HR input before are finding that they do now, all of a sudden.

That’s the kind of situation where a time-limited, clearly scoped piece of HR support can be genuinely useful. You’re not signing up for ongoing retainer costs. You’re solving a defined problem with the right expertise, then moving on.

The key is being clear on what you actually need before you bring anyone in. What’s the problem? What does success look like? If you can answer those two questions, interim HR is worth a proper look.

We provide interim and project-based HR support for businesses that need expert input without a permanent hire.

Get in touch for a confidential chat about what that could look like for your situation.

One in seven workers has had their
basic employment rights violated

New research by University College London, commissioned by the Fair Work Agency, found that at least 5.6 million workers, around 14% of the workforce, have experienced a clear breach of their basic employment rights in the past two years.

Breaches included failure to pay the National Minimum Wage, missing payslips and no written contract.

The FWA now has a proactive enforcement mandate, which means that it doesn’t have to wait for a complaint. If your paperwork isn’t in order, that’s a risk worth taking seriously.

The cost of getting a dismissal wrong just got higher

You probably already know that dismissing someone can be risky. What’s changing is how expensive that risk could become.

From January 2027, the compensation cap for unfair dismissal is going to be removed. At the same time, employees will gain unfair dismissal rights after six months instead of two years, meaning that millions more workers will be covered.

Tribunal claims are on the up too: open caseloads now sit at around 58,000 cases, with some hearings not happening for another few years as there are so many in the queue.

Many claims don’t start with some huge HR disaster and are avoidable. Claims often start with things like a rushed conversation, missing notes, inconsistent treatment between staff or a performance issue that was never properly addressed because everyone hoped it would just sort itself out.

The new Fair Work Agency is also expected to increase scrutiny around record-keeping and employment practices, which means messy processes could create even more headaches for employers down the line.

If you’re thinking about dismissing an employee and feel uncertain about how watertight your processes are, seek help from a professional today.

We help small business owners to review dismissal decisions, documentation and process risks before problems escalate.

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The hidden tax bill that comes with creative perks

Pet-friendly offices, dog-care allowances and other unusual benefits are increasingly popular with small businesses looking to attract and retain staff.

HMRC treats most non-cash perks as benefits in kind and that includes pet-related ones.

If you’re offering anything beyond standard salary, you’ll need to value it correctly and report it via P11D.

A perk that costs you nothing in cash can still create a tax liability if it isn’t handled properly. Worth a quick check before you commit to anything new.

The Fair Work Agency is here and
small businesses are in scope

The Fair Work Agency launched on 7 April 2026, replacing several separate enforcement bodies with one.

A single investigation can now look at National Minimum Wage compliance, holiday pay, statutory sick pay and agency worker regulations all at once.

The six-year lookback window is the detail most businesses aren’t aware of. An action in 2026 can reach back to payroll periods from 2020.

In March 2026, 389 employers were named for NMW breaches totalling £7.3 million in arrears. Most were caught on technical errors, not deliberate underpayment. Holiday pay miscalculations, particularly around overtime and commission, are another common issue.

And, from April 2026, employers without adequate SSP records will struggle to evidence compliance if they’re investigated.

Penalties can be steep. SSP underpayment, for example, can result in a penalty of up to 200% of what was owed, on top of repaying the arrears.

If you’re not sure that your records would hold up to scrutiny, now is a good time to find out.

Your top HR questions

Can I withdraw a job offer if the successful candidate fails a background check?

Yes, in most cases. If you’ve made the offer conditional on satisfactory checks and the candidate doesn’t pass, you can withdraw it.
Where it gets more complicated is if the check reveals something that relates to a protected characteristic, such as a health condition or a spent conviction in certain roles.
Make sure that your offer letters are clear about what conditions apply and take advice before withdrawing if anything sensitive comes up.

What benefits do I have to declare to HMRC and how?

Most non-cash benefits provided to employees need to be reported to HMRC as benefits in kind. This includes things like company cars, private medical insurance, gym memberships and certain expense payments.
You report them annually using a P11D form for each employee who received a benefit or through payroll if you’ve registered to do it that way.
Some benefits are exempt, so do check before you assume something doesn’t need to be declared.

Do I need to have a breastfeeding policy and what should it include?

There’s no legal requirement to have a standalone written policy, but you do have legal obligations around supporting breastfeeding employees.
You need to provide a suitable, private space for expressing milk (which can’t be a toilet) and carry out a health and safety risk assessment for the employee if asked.
A short, clear policy is a sensible way to set expectations and show that you’ve thought about it. It should cover where employees can express milk, how breaks will be handled and who to speak to if they need support.

Click here to arrange a call

July Newsletter 2026

Posted on by Caroline Payne

An easier way to review and
manage holiday requests

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It’s summer and there’s going to be a surge of holiday requests coming your way…

HR software won’t stop your team from wanting the same two weeks in August.

But it will stop the admin chaos that follows…

When leave is managed through a proper system, employees can see their own balances, submit requests online and get a decision without chasing anyone.

Managers can see at a glance who’s in, who’s off and whether approving a request creates a problem.

And you can set rules around overlapping leave so conflicts are flagged before they become awkward conversations.

The businesses we work with that have made the switch tend to say the same thing: they wish they’d done it sooner.

If you’re still managing holiday through a spreadsheet or a shared calendar, this summer is a good time to think about whether that’s still good enough.

Most small business HR software is straightforward to set up and far less expensive than people assume.

If you’d like a recommendation on tools that work well for small businesses, just get in touch.

Employers face fines of up to £500,000
for blocking union access

From October 2026, trade unions will have a statutory right to request access to any workplace with 21 or more employees, including physically and digitally.

Employers who repeatedly refuse could face fines starting at £75,000, rising to £500,000, for further breaches.

Employers will have 15 days to respond to a request and 25 days to negotiate terms. If no agreement is reached, the Central Arbitration Committee can decide the arrangements.

Even businesses with no existing union presence will need to engage with requests in good faith. Strong internal engagement alone won’t be enough to justify a refusal.

Hiring anyone after 1 July? You need to read this...

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From 1 July 2026, any employee you hire will be able to bring an unfair dismissal claim after just six months of service.

The two-year qualifying period is gone for anyone who joins from that date.

This changes how you manage new starters from this point forward.

In practice, what this means is that probationary periods need to do more work than they have done before.

A lot of businesses run probationary periods that are six months on paper but loose in practice. That approach was relatively low risk when you had two years of protection behind you. Now, it’s a lot riskier.

From July, if you dismiss someone in month seven and you don’t have a clear record of how you managed them, communicated concerns and gave them a fair opportunity to improve, you’re exposed.

The businesses that will be in the strongest position are the ones that treat probation as a proper process.

That means setting clear expectations at the start, having documented conversations when concerns arise and making a genuine assessment before the probation period ends.

If you’re hiring now or planning to hire soon, it’s worth reviewing how you currently manage probation and whether it would hold up if a dismissal was challenged. In many cases, the process is fine but the documentation isn’t.

We can help you to put a simple, workable probation framework in place before the rules change.

Get in touch if you’d like to talk it through.

Engineer wins £66k after raising concerns about his manager's competence

An employment tribunal has awarded £66,295 to a chief engineer who was dismissed after repeatedly telling his manager that he lacked the qualifications and experience for his role.

The tribunal found that his concerns were protected disclosures under whistleblowing law and that the subsequent dismissal for ‘some other substantial reason’ was automatically unfair.

The lesson for employers is a practical one.

Raising concerns about a manager’s competence can amount to a protected disclosure. SOSR is not a reliable catch-all for difficult exits.

If a third party requests the removal of one of your employees, you’re expected to push back and satisfy yourself that the request is reasonable before taking action.

The Fair Work Agency is now live

The Fair Work Agency launched on 7 April 2026, bringing together existing enforcement bodies into a single agency with real teeth.

It can inspect workplaces, review employment records going back six years, interview workers and bring tribunal proceedings on a worker’s behalf.

Penalties for underpayment can reach 200% of the unpaid amount, capped at £20,000 per employee, with public naming of non-compliant businesses also on the table.

Critically, most investigations are expected to come from technical errors, things like miscalculated holiday pay or inaccurate working time records, rather than deliberate wrongdoing.

Employers who consider themselves low risk may be the ones caught out.

From 6 April, keeping adequate holiday pay and annual leave records became a legal requirement. That’s the immediate priority.

Questions and Answers

Can an employee raise a grievance during their probation period?

Yes. There’s no legal rule that prevents an employee from raising a grievance during probation. You’re still required to take it seriously and follow a fair process.
Ignoring or dismissing a grievance because someone is on probation creates risk, particularly if the employee later claims the outcome of their probation was influenced by the fact that they raised one.

Do I have to let staff work flexibly during school holidays?

You don’t have an automatic obligation to accommodate flexible working requests around school holidays, but employees have a day one right to make a formal flexible working request.
You can refuse a request, but only for one or more of the eight statutory business reasons.
Handling requests fairly, consulting with the employee, and documenting your reasoning matters, especially with day one flexible working rights now in force.

What should I do if I suspect an employee has an alcohol problem?

Don’t ignore it or hope it resolves itself.
Have a private, supportive conversation early, focusing on the impact on work rather than making assumptions.
Check whether your business has an employee assistance programme or referral support.
If performance or conduct is being affected that may need to be addressed formally but, where dependency is involved, dismissal without proper support and process carries significant legal risk.

Need a chat? Contact us if you have something troubling you.
Click here to arrange a call

June Newsletter 2026

Posted on by Caroline Payne

The 1 July countdown: are you ready for
6-month dismissal rights?

May newsletter

If you’re hiring right now, there’s a date you need to have on your radar. Anyone you hire on or before 1 July 2026 will gain unfair dismissal protection on 1 January 2027. Anyone hired after that date will gain it once they’ve been with you for 6 months.

Why this date matters:

The qualifying unfair dismissal period is dropping massively from 2 years to 6 months. It changes how you need to think about every hire you make from now on.

Under the current rules, most employers treat the first 2 years as a low-risk window. If someone isn’t working out, you move them on relatively informally.

With the new rules, if your probation process still relies on a single review meeting at the 5-month mark, that’s too late.

There’s another detail that catches people out. When a tribunal calculates length of service, it includes the statutory notice period. So, an employee dismissed just short of 6 months could still qualify if their notice period takes them over the line.

Here’s what we’d suggest doing now:

Shorten your probation period to 3 months

With an option to extend by 1 month if needed. That gives you time to assess someone properly and make a decision before the 6-month clock runs out.

Build structure into how you manage new starters

Regular check-ins from week 1. Clear expectations documented early. Honest feedback given often, not saved up for a formal review.

And the compensation cap for unfair dismissal? That’s being removed too. There’s no upper limit on what a tribunal can award from January 2027.

Tighten up your probation processes now

We can help you to review what you’ve got and build something that works before the new rules kick in.

Millions of workers are juggling jobs with unpaid care and employers are losing them

Around five million people in the UK are balancing paid work with unpaid caring responsibilities for a family member or friend. According to Carers UK, roughly 600 people a day leave work because they can’t manage both.

The Carer’s Leave Act 2023 gives employees the right to 5 days of unpaid leave for caring, but more than half of working carers say they can’t afford to take it.

For small businesses, this often shows up as rising absence, reduced availability or an unexpected resignation from an experienced team member. If you have staff with caring responsibilities, it’s worth knowing what support you’re required to offer and whether a more flexible approach could help you to keep them.

Men's health at work: what employers are getting wrong

Men's Health at Work

Men’s Health Week is from 15-21 June, and it’s worth asking yourself a question. When was the last time one of your male employees told you they were struggling?

If the answer is never, that doesn’t mean everything is fine.

The issues we commonly see surrounding men’s health:

Men account for around 75% of UK suicides

In construction alone, around 700 workers take their own lives every year. And, statistically, male employees are less likely to talk about mental health and seek support.

HR has rightly focused on women’s health in recent years

Menopause policies and maternal mental health have been getting the attention they needed. Men’s health hasn’t had the same focus and the gap is showing.

Problems can go unnoticed

Especially in a small team with no EAP and no managers trained to spot the signs.

Ultimately, this costs you money

Unmanaged mental health drives absence and disengaged employees are less productive. Replacing someone who leaves unexpectedly can be very expensive.

The solution?

Start with regular one-to-ones that go beyond task management. Train managers to notice changes in behaviour. Keep overtime in check. Signpost free resources like Mind, Samaritans or CALM where an EAP isn’t affordable.

Use Men’s Health Week to open the conversation, but don’t let it be a one-off.

If you’d like help with thinking about what wellbeing support looks like in a small business, get in touch.

Employment tribunal claims are surging

The latest government statistics show that single employment tribunal claims increased by 54% in the final quarter of 2025 compared to the same period the year before. The open caseload for single claims has reached its highest level since 2012/13, up 49% year on year.

For small business owners, the message is straightforward. More employees are bringing claims and the system is under pressure. Getting your processes right before a problem reaches that stage has never been more important. Good documentation, fair procedures and early intervention are your best protection.

Government offers employers up to £3,000 to hire young workers

The government has launched a Youth Jobs Grant offering businesses £3,000 for each unemployed 18 to 24 year old they hire, provided that the candidate has been out of work for at least 6 months. Small employers can also access an additional £2,000 for each new apprentice aged 16 to 24.

With nearly a million young people currently out of education, employment or training, the scheme is designed to help businesses to access a wider talent pool while receiving financial support for onboarding. If you’re planning to recruit, it’s worth checking whether you qualify.

Questions and Answers

Can I dismiss someone during their probation period under the new rules?

Yes, but the rules are changing. From 1 January 2027, employees will gain unfair dismissal rights after 6 months rather than 2 years. If someone is still in their probation period when they hit that 6-month mark, you’ll need a fair reason and a fair process to dismiss them. Review your probation periods now and make sure that any concerns are raised well before the 6-month point.

Do I have to let an employee attend medical appointments during work hours?

There’s no general legal right to paid time off for routine medical appointments, unless it relates to antenatal care or a disability-related adjustment. However, being inflexible about medical appointments can lead to problems down the line, including potential discrimination claims if the appointments are linked to a disability or long-term condition. A reasonable, clear policy is your best approach.

One of my employees has asked to reduce their hours to care for a parent.

What are my obligations?

Any employee has the right to make a flexible working request from day 1 and you must deal with it in a reasonable manner. You can refuse a request, but only for one of the 8 business reasons set out in law. You should also be aware that carers now have a right to 1 week of unpaid carer’s leave per year under the Carer’s Leave Act 2023. Consider the request carefully and document your decision.

Need a chat? Contact us if you have something troubling you.
Click here to arrange a call

May Newsletter 2026

Posted on by Caroline Payne

How much money are you spending on "HR"?

May Newsletter

Most business owners we speak to say they don’t have an HR budget. What they usually mean is that they don’t have a planned one.

Because in reality, most businesses are already spending money on HR. They just don’t think of it in that way.

It shows up reactively…

  • A grievance that needs dealing with
  • An investigation that swallows management time
  • External advice brought in once something has already gone wrong

By the time these costs become visible, they are often higher than expected and harder to control.

The question worth asking is a simple one: what has HR actually cost your business over the last 12 months?

When you add up the time spent on disciplinaries, grievances, sickness linked to unresolved issues and recruitment after avoidable exits, the number is usually an eye-opener.

And with employment law changes on the way that will make it easier for employees to bring claims, the cost of getting things wrong is only going up.

There are broadly four options for how you handle HR in your business.

  1. Giving it to an existing team member
  2. Hiring a dedicated HR manager
  3. Using a large provider
  4. Or working with an independent consultant

Each comes with different costs, different levels of expertise and different trade-offs.

What we find is that most small businesses benefit from having someone they can call before a situation escalates.

Not a generic helpline. Someone who knows your business, your team and the specific pressures you are dealing with.

A flawed investigation cost one employer over £12,000 at tribunal

A recent tribunal case is a useful reminder that how you investigate matters just as much as what you investigate.

An employee with over 20 years’ service was dismissed for gross misconduct. But the tribunal found that the investigation process was flawed. The employer failed to consider whether the issue was actually about capability rather than conduct and did not offer support at the investigation stage, despite being aware of the employee’s health condition. No advance warning of the investigation interview was given either.

The result was an unfair dismissal finding and a compensation award of over £12,000, with further compensation still to be agreed.

The lesson for business owners is straightforward. Before you move to dismiss someone, make sure that you have properly investigated the situation, considered all possible explanations and given the employee a fair chance to respond. Rushing to a conclusion, even when you believe the facts are clear, can leave your business exposed.

Everyday mistakes that end up in tribunals

Most tribunal claims do not start with bad intentions…

They start with a conversation that was not documented, a process that was skipped or a decision that felt right at the time but was not handled properly.

Here are some common practices we see that often lead to an employment tribunal:

A quiet word:

A quiet word about someone’s performance that is never written down.

Months later, the business decides to dismiss. The employee claims they were never told there was a problem and there is nothing on file to say otherwise.

Unfair treatment:

Different treatment for different people. Even when the reasons seem reasonable at the time, it can quickly look like unfairness or discrimination when viewed from the outside.

Strict policies:

Sickness policies applied rigidly without checking whether there is an underlying health condition. What starts as absence management can escalate into a disability discrimination claim.

Dismissal of rights:

Flexible working requests turned down without a valid business reason. A “no” that feels reasonable to you may not hold up if it is challenged.

Or a short-service dismissal that looks low risk on the surface but overlooks the fact that the employee has a protected characteristic.

These are not unusual situations.

They happen in businesses of every size, every week.

If you do not have someone to sense check your decisions with, now is a good time to think about that.

A short conversation before you act is almost always cheaper than dealing with the fallout afterwards.

A fifth of workers are not taking their full holiday entitlement

Research from Timetastic found that around 1 in 5 UK employees fail to use their full annual leave because of work pressures. Over a quarter finished last year with more than 15 unused days.

Mid-level managers and supervisors were most likely to skip holidays, with around a quarter saying that they felt unable to step away. Nearly 1 in 10 said that they felt guilty simply for taking their earned leave.

For small business owners, this is worth paying attention to. People who do not take proper breaks are more likely to burn out, make mistakes or eventually leave. If your team is hoarding leave or quietly working through it, that is a sign worth exploring. A quick check on where your team’s leave balances stand could flag issues before they become problems.

Remote job adverts have dropped to their lowest level since 2020

Data from Adzuna shows that remote job adverts in the UK fell by 42% over the past year, reaching their lowest point since March 2020. Overall vacancies also declined for a sixth consecutive month, with competition for roles rising to an estimated 2.3 jobseekers per vacancy.

For small business owners, this shift creates both a challenge and an opportunity. If you are recruiting, you may find more candidates available than in recent years. But if you are relying on office-based roles to attract talent, keep in mind that flexibility still ranks as one of the top priorities for jobseekers.

Getting the balance right between what your business needs and what candidates expect could make the difference in who you attract.

Questions and Answers

If I dismiss someone with less than 2 years’ service, am I safe?

Not necessarily and this is about to change. From 1 January 2027, the qualifying period for unfair dismissal drops to 6 months. That means anyone you employ from July 2026 onwards will be covered. Even now, short-service employees can bring claims for discrimination, whistleblowing or automatic unfair dismissal regardless of length of service. Do not assume a short tenure removes risk.

Do I need to update my contracts after the 2026 law changes?

Yes. Many of the changes under the Employment Rights Act will affect your contracts, policies and procedures. Areas like probation periods, notice terms, flexible working and dismissal processes may all need reviewing. If you have not looked at your documentation recently, now is the time. Get in touch if you would like us to carry out a policy audit so you know where you stand.

At what point do I need formal HR processes?

From the moment you decide to employ someone. Once you have staff, you need contracts, policies and a basic framework for handling things like absence, grievances and performance. It does not need to be complicated, but it does need to exist. Many of the problems we see could have been avoided if the basics had been in place from the start.

Need a chat? Contact us if you have something troubling you.
Click here to arrange a call
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April Newsletter 2026

Posted on by Melanie
Business birthday heading.

Celebrating 10 years of Blue Tree HR Solutions

The Blue Tree HR Solutions team

This April is a big milestone—Blue Tree HR Solutions has been in business for 10 years!

What started as a one-person venture from a spare room has grown into a thriving business with a fantastic team of three, a dedicated office in Earls Colne, and a community of incredible clients and partners.

From those early days—travelling weekly to meet clients and build relationships—to supporting organisations across all aspects of HR today, the journey has been built on hard work, trust, and a genuine passion for helping businesses put people first.

We’re also proud to be celebrating 10 years of partnership with Breathe HR. This collaboration has enabled the delivery of smarter, simpler HR solutions—combining expert advice with tools that make managing people easier and more effective.

At the heart of everything is a simple belief: HR should be human, practical, and empowering.

Thank you for your trust, your ambition, and your commitment to building great workplaces—we wouldn’t be here without you.

Here’s to the next 10 years of growth, collaboration, and people-first HR.

Employment Rights Act: what's now enforced and what's to come...

The first wave of Employment Rights Act laws have come into effect this month, with more to follow throughout the rest of 2026 and 2027.

To help you to know where you stand, let’s look at what’s already come into force and what’s to follow:

What’s being enforced in April:

  • New paternity leave rules
  • Strengthened whistleblowing protections
  • Updated Statutory Sick Pay
  • Bereaved Partner’s Paternity Leave
  • Menopause and gender equality guidance

Plus, the Fair Work Agency is being established.

Unfair dismissal qualifying period reducing to six months:

This law is being enforced in January 2027, which means that anyone you employ from 1st July 2026 has the right to claim unfair dismissal after just 6 months of service.

This law has the potential to hit you the hardest and you’ll need to reconsider your onboarding, probationary and performance strategies.

What else is happening in 2026: 

In October, new duties arrive around:

  • Preventing harassment
  • Informing employees of their right to join a union
  • Supporting union access
  • Revised tipping rules
  • Changes to recognition processes and protections

These dates will require updates to policies, onboarding and manager guidance.

What to prepare for in 2027

The most significant shifts take effect next year:

  • Unfair dismissal qualifying period reducing to six months (we’ve already discussed this)
  • Uncapped compensatory awards
  • Enhanced protections for pregnant women and new parents
  • Flexible working changes
  • Bereavement leave including pregnancy loss
  • Ending exploitative zero hours practices
  • Regulation of umbrella companies

These will reshape how you manage probation, early performance issues and different working arrangements.

How we can help you

As an independent HR consultant, we can help you to understand what these new laws mean for you and help you to prepare.

Please get in touch for a confidential chat.

How clear expectations protected the employer in this tribunal case

A recent tribunal decision shows why clear expectations matter when a dismissal is challenged.

In this case, a bus driver chased a thief and used force to stop him. Many people felt that he did the right thing.

The employer dismissed him because his actions went beyond what staff were trained and authorised to do. He left the bus unattended and pursued the thief, creating risk for passengers and the business.

The driver disagreed and challenged the decision.

The tribunal did not judge whether the action felt justified. It looked at whether the employer had set clear expectations and followed them consistently. Because it had, the dismissal was upheld.

You might not employ bus drivers, but similar situations come up in shops, warehouses and public-facing roles. This case reinforces that clear expectations are not about control. They give you the confidence that, if a decision is questioned later, you are not relying on opinion or hindsight.

What everyday working habits quietly say about your business

A woman giving HR advice and guidance from Blue Tree HR

Recent research has highlighted that nearly half of workers only step away from where they are working to use the toilet. Not because they don’t value breaks, but because they feel pressure to stay put, keep going and be seen as working.

It also shows that informal breaks and simple conversations support people’s wellbeing more than formal initiatives or perks. That matters, because it’s something most businesses already have control over.

This isn’t about forcing breaks or adding wellbeing schemes. One practical step is to actively encourage people to step away from what they are doing during the day and to visibly do the same yourself

When to stop DIY-ing HR and get the support you need

What HR tasks are distracting you from growing the business?

Most owners start by muddling through HR to save costs. You answer questions as they pop up, deal with issues on the fly and hope that nothing becomes too complicated. It feels efficient in the moment.

But it quietly eats your time.

A simple absence chat turns into a longer pattern you need to manage. A performance concern drags into weeks of back-and-forth. A tricky behaviour issue pulls you into conversations you didn’t plan for.

Each task chips away at focus and, before you realise it, HR is taking more out of your week than sales, operations or strategy.

That’s usually the point where DIY HR stops working. Not because you’re doing anything wrong, but because the business has grown to a stage where winging it becomes a bottleneck.

The smart move is knowing when to hand it over.

Outsourcing to an independent HR consultancy is often the most affordable and effective route.

A consultant will sit down with you, look at what HR tasks are landing on your plate and take on the parts that shouldn’t be draining your time. They’ll also build the right HR foundations so that the business can grow without chaos, surprises or constant distractions.

You get your time back. The business gets stability. HR becomes proactive instead of reactive.

If HR is starting to pull you off the work that actually moves the business forward, get in touch for a confidential chat and we’ll talk you through how we can help.

Business managers suffering from stress

Questions and Answers

Are policies really that important?

Yes. Clear, up-to-date policies set expectations, reduce risk and give you something to rely on if decisions are challenged.

Tribunals look closely at whether policies exist, are reasonable and are applied consistently. Without them, even sensible decisions are harder to defend.

What’s the best way to keep my employees happy?

From a legal perspective, consistency and fairness matter more than perks.

Clear communication, predictable processes and managers who handle issues early and reasonably, do more to reduce disputes, grievances and absence than any formal benefit scheme.

What training do my employees need with the ERA stuff?

The priority is manager training. Line managers need to understand new rights, processes and risk points so that they don’t inadvertently create liability.

Training should focus on day-to-day decisions, not legal theory, and be refreshed as changes are phased in. 

Bullying and harassment trainig for all staff is a must, and opting for the cheap webinar that no one watches is not necessarily going to be enough.

Need a chat? Contact us if you have something troubling you.
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March 2026 Blue Tree HR Solutions Newsletter

Posted on by Melanie
   
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How an HR budget will save you money this year

Most businesses say they don’t have an HR budget.

What they usually mean is that they don’t have a planned one.

In reality, most businesses are already spending money on HR. They just don’t think of it that way.

HR costs tend to show up reactively. A grievance that needs handling. An investigation that takes up management time. External advice brought in once something has already escalated.

By the time these costs become visible, they’re often higher than expected and harder to control.

What we’re seeing more of is business owners stepping back and asking a simple question:

“What has HR actually cost us over the last year?”

When you add up things like grievances, disciplinaries, management time, sickness linked to unresolved issues and recruitment after avoidable exits, you’d be surprised how it mounts up.

If you haven’t already, set aside 30 minutes this month to add up what HR has really cost your business. Most businesses have never done that and it’s usually an eye-opener.

For many businesses, redirecting a small part of that reactive spend into more proactive HR support is enough to reduce risk, save money and give managers more confidence day to day.

If you’d like help with reviewing your current HR spend or planning a more proactive HR budget, we can help you to talk it through and sense check the numbers.

And if you’d like the full detail, including how to spot hidden HR costs and understand what proactive HR support looks like in practice, get in touch for a copy of our latest guide on creating an HR budget.

What one company did to tackle loneliness at work and why it worked

A Swedish company has trialled a “friendship hour”, giving employees paid time to socialise, with staff reporting that they felt happier and less isolated.

The initiative was introduced to tackle workplace loneliness, particularly during the darker winter months when wellbeing often dips. The trial shows that simple, human-focused interventions can have a real impact.

Food for thought: wellbeing doesn’t always need formal programmes, sometimes creating space for connection is enough.

Government-backed training highlights the role managers play in preventing long-term sickness

Earlier this year, the government funded free occupational health training to 5,000 line managers in small businesses, aimed at helping them to spot early signs that someone might be struggling, such as ongoing fatigue, changes in behaviour or rising absence.

With long-term sickness now affecting millions of workers and costing businesses thousands per employee, the initiative highlights a familiar pattern: absence problems often get worse because conversations happen too late or managers don’t feel confident starting them.

While the results of this initiative are yet to be announced, the message will feel familiar to many business owners. Absence management works best when issues are picked up early, conversations happen sooner rather than later and managers know when to step in before a situation becomes long-term or costly.

What to do when an employee is arrested

Learning that an employee has been arrested can feel alarming, but acting too quickly can create unnecessary risk. An arrest is not the same as a charge or a conviction and many cases go no further.

The key is proportionality: understand where things are in the legal process, consider whether it’s relevant to the role and respond calmly with the right policies and conversations in place.

Recruit or reorganise?

Employing people is getting more expensive.

Not just salary, but the wider costs and obligations that come with being an employer, especially with the Employment Rights Act coming into force.

When work increases and your people feel stretched, the instinct is to hire.

That reaction makes sense. But with rising employment costs, payroll forecasting now needs more thought than it used to.

Every new hire is a long-term cost, not a short-term fix.

Before recruiting, it’s worth stopping and asking:

“Do we actually have a resourcing issue or a structure one?”

In many businesses, roles have grown organically. Work has been added on. Responsibilities overlap. Skilled people are spread thin or doing work that no longer makes sense.

The capability is often already there, just not structured properly.

Stepping back to look at organisation design can be a quicker, cheaper and more effective way to create capacity than recruiting straight away.

If you would benefit from an external pair of experienced eyes to review your situation, get in touch and we can talk it through.

Q&A

Can I ask staff to share their work location if they are working remotely?

Yes, as long as there’s a clear business reason. For example, health and safety, data security or knowing where people are working for operational reasons. Be clear about why you’re asking and avoid collecting more information than you actually need.

What should I do if an employee refuses to complete mandatory training?

Start by understanding why they’re refusing. If the training is genuinely mandatory for the role (for safety, legal or operational reasons), make that clear and give them a reasonable opportunity to complete it. If they still refuse, it may become a conduct or performance issue that needs to be managed formally.

Can I tell staff they cannot bring their personal phone on to the shop floor or job site?

Yes. You can set reasonable rules around personal phones at work, especially for safety, security or productivity reasons. Make sure the rule is clear, applied consistently and allows for exceptions where appropriate, such as emergencies.

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Employment Rights Bill 2025: what employers need to know and how to prepare

Posted on by Blue Tree HR Solutions

The Employment Rights Bill 2025 represents one of the most significant overhauls of UK employment law in a generation. Following months of parliamentary debate and “ping-pong” between the House of Commons and the House of Lords, the Bill has now been formally approved by the Lords and is approaching its final stage.

The only step remaining before the Employment Rights Bill 2025 becomes law is Royal Assent, which is expected before Christmas, although the exact date has not yet been formally confirmed. Once Royal Assent is granted, the Bill will become an Act of Parliament, but crucially, this does not mean all changes will take effect immediately.

For employers, this period is not one to wait and see, but an opportunity to prepare.

What happens next with the Employment Rights Bill 2025?

Once Royal Assent is confirmed and the final Act is published, we will gain clarity on:

  • Which provisions of the Employment Rights Bill 2025 take effect immediately
  • Which changes have fixed future implementation dates
  • Which will be introduced later through commencement regulations

This staggered approach means businesses will need to stay informed and flexible, as new obligations may apply at different times rather than all at once.

Key changes introduced by the Employment Rights Bill 2025

While full details and timelines are still being finalised, the Employment Rights Bill 2025 introduces a number of headline reforms that will significantly increase compliance obligations for employers.

Changes to unfair dismissal rights

One of the most impactful aspects of the Employment Rights Bill 2025 is the proposed reduction in the qualifying period for unfair dismissal claims. This would allow more employees to bring claims earlier in their employment, placing greater importance on fair recruitment decisions, structured probation processes and well-documented performance management from day one.

Zero-hours contracts and predictable working patterns

The Employment Rights Bill 2025 introduces new rights aimed at providing workers with more predictable working hours. While the precise scope and application of these measures will be confirmed through later regulations, employers who rely on variable or flexible staffing models should begin reviewing how working hours are offered and managed.

Fire and rehire: stronger safeguards

Dismissal and re-engagement practices are also being tightened under the Employment Rights Bill 2025. Employers will be expected to demonstrate genuine consultation, explore alternatives and follow strengthened procedural safeguards before considering fire-and-rehire strategies. Poor handling in this area could expose businesses to both legal and reputational risk.

Expanded harassment prevention duties

Another key feature of the Employment Rights Bill 2025 is the expansion of employer duties to prevent harassment. This includes clearer expectations around proactive prevention and protection from third-party harassment, such as from customers or clients. Policies alone will no longer be enough; employers will need to show meaningful action through training, reporting mechanisms and workplace culture.

Sick pay, family leave and day-one rights

The Employment Rights Bill 2025 also widens access to statutory sick pay and family-related leave, with more day-one rights for employees. While implementation dates are still to be confirmed, employers should anticipate updates to policies, payroll systems and manager guidance once the timetable is published.

A new Fair Work Agency

To support enforcement, the Employment Rights Bill 2025 creates a new Fair Work Agency. This body will have powers to enforce employment rights proactively, signalling a move towards increased oversight rather than relying solely on individual employee claims.

What should employers be doing now?

Although not all provisions of the Employment Rights Bill 2025 are in force yet, there are practical steps businesses can take now to reduce risk and avoid rushed changes later:

  • Review contracts, policies and procedures
  • Train managers on fair process, consultation and documentation
  • Identify higher-risk areas such as dismissals, working hours and harassment
  • Budget for potential cost increases linked to compliance

For many organisations, especially smaller employers, navigating these changes alone can be challenging.

How our HR support can help your business prepare

Access to the right HR support can make a significant difference when dealing with major legislative change. Whether through ad hoc HR support for specific issues or retained HR services for ongoing compliance, professional guidance can help ensure changes are implemented correctly and proportionately.

Working with an experienced HR consultant allows employers to understand what the Employment Rights Bill 2025 means in practice for their specific business, rather than relying on generic advice. This is particularly valuable for companies seeking practical, proportionate HR advice for small businesses, where resources and internal expertise may be limited.

How Blue Tree HR Solutions can support you

Once Royal Assent is confirmed and the full implementation timetable for the Employment Rights Bill 2025 is published, Blue Tree HR Solutions will review exactly:

  • What applies to your business
  • When it applies
  • What practical steps you need to take

Whether you need one-off guidance or ongoing support, our retained HR and ad hoc HR services are designed to help businesses remain compliant, confident and prepared as employment law continues to evolve.

If you would like tailored advice on how the Employment Rights Bill 2025 may affect your organisation, please get in touch with Blue Tree HR Solutions for expert support.

Right To Work Checks – Employers Guide

Posted on by Melanie

How to Conduct Lawful Right To Work Checks

If you’re hiring someone new, before they start, you need to make sure that they have the legal right to work in the UK.

A quick check at the right time can save you from fines, tribunals and major disruption later on.

Here’s our step-by-step guide to conducting lawful right-to-work checks.

The 3 ways to check right to work

The law gives you three different ways to check someone’s right to work. Which one you use depends on the person you’re hiring:

  • For most people, a manual document check is still the standard option.
  • If they’re a British or Irish citizen with a valid passport, you can choose to use a Digital Verification Service instead.
  • If they have a digital immigration status (eVisa), you’ll need to use the Home Office’s online service with a share code.

Each method has its own steps, but whichever you choose, you must follow it exactly to protect your business from liability.

  1. Manual document check

This is your hands-on approach and it has to be done properly to count.

You need to:

  • Obtain original documents from the person, choosing from the government’s List A (permanent right to work) or List B (time-limited right to work).
  • Check that the documents are genuine and belong to the person. This must be done in their presence, either face-to-face or over a live video call, while you hold the originals. Look carefully at:
    • The photo and date of birth: do they match the person in front of you?
    • Expiry dates: has the document or visa run out?
    • Work restrictions: are there limits on the type of work or hours?
    • Name differences: if names don’t match across documents, ask for evidence (e.g., a marriage certificate) and keep a copy of this supporting document
  • Copy and keep the documents in a format that can’t be altered (e.g., PDF or JPEG). Record the date of the check clearly. Keep the copy securely for the whole period of employment plus two years, then destroy it safely.
  1. Digital Verification Service (DVS)

If your new hire is a British or Irish citizen with a valid passport (or Irish passport card), you can use a Digital Verification Service to prove their identity and right to work. It’s quicker than a manual check because the provider verifies the passport digitally.

But here’s what to know:

  • This only works for British and Irish passports, no other nationalities.
  • You must choose a provider that meets government standards, otherwise the check may not be valid.
  • Even if you use a provider, you’re still legally responsible for getting it right. If something goes wrong, the liability is yours, not the provider’s.
  • You must keep a copy of the check for the length of employment plus two years, just as you would with a manual check.
  • You still need to check that the person in front of you (in person or via video call) matches the photo and details provided.

Used correctly, DVS is a fast, secure way to check passports. But the responsibility always stays with you, as the employer, that you have conducted the check correctly.

  1. Home Office online check

For many workers, especially those with an eVisa or digital immigration status, the Home Office online service is the only valid way to check right to work. The process is simple, but there are rules you need to follow:

  • The worker generates a share code online and gives it to you, along with their date of birth.
  • You must enter these details yourself on the government’s official service (“Check a job applicant’s right to work”), it’s not enough to look at what the worker shows you on their screen.
  • The system gives you a profile page with the person’s photo and details of their permission to work. You must check that the person in front of you matches that photo (either in person or via video call).
  • If the worker has restrictions, such as limited hours, these will be shown. You can only employ them within those conditions.
  • You must download or print the profile page and keep it securely for the whole period of employment plus two years afterwards.

This online system is the only way many people can prove their status now, as physical documents, like Biometric Residence Permits, are being phased out.

When to use the Employer Checking Service (ECS)

In some cases, you won’t be able to complete a manual or online check, for example, if someone has an outstanding Home Office application, appeal or their digital status isn’t available.

In these situations, you can ask the ECS to confirm whether the person has the right to work. If they do, the ECS will issue you with a Positive Verification Notice, which gives you a statutory excuse for six months.

Understanding document lists

When you carry out a manual check, the law sets out two official lists of documents you can accept.

  • List A covers people with a permanent right to work in the UK. If their documents are from this list, you don’t need to check again.
  • List B covers people with a temporary right to work. If their documents are from this list, you’ll need to do a follow-up check when their permission is due to expire.

List A: Permanent right to work

These documents mean no follow-up checks are needed.

Examples include:

  • A current or expired British or Irish passport
  • A UK birth or adoption certificate plus a National Insurance number

Once you’ve checked these properly, your responsibility ends there.

List B: Time-limited right to work

These documents have an expiry date.

Examples include:

  • A current passport showing a visa with time-limited permission to stay
  • A biometric immigration document that allows certain types of work

For these, you’ll need to do a follow-up check on or before the date that their permission expires to keep your statutory excuse.

Compliance and common mistakes

Most business owners need to watch out for:

  • Expired Biometric Residence Permits
  • Inconsistent checks across the team
  • Forgetting follow-up checks for time-limited visas
  • Irish citizens needing specific documentation
  • EEA citizens requiring proper UK immigration status
  • Accepting invalid or expired documents

Your essential compliance checklist:

  • Check documents before day one
  • Record the actual date the check was carried out
  • Keep dated copies securely for the duration of employment plus two years
  • Set calendar reminders for follow-up checks on time-limited visas
  • Apply checks consistently to everyone, including British citizens
  • Destroy documents securely after the retention period

The risks of getting it wrong

Miss these checks and you could face:

  • Fines of up to £60,000 per illegal worker
  • Potential criminal prosecution
  • Possible imprisonment of up to 5 years
  • Business closure notices
  • Loss of sponsorship rights

Discrimination matters

One crucial rule is to apply checks exactly the same for everyone. This includes British citizens, don’t assume anyone is exempt.

No assumptions based on:

  • Name
  • Accent
  • Appearance

Let’s make this simple

Immigration rules change quickly and the details can be hard to track.

If you’re not sure whether your current process is watertight, it’s worth getting an expert view before it becomes a problem.

Book a 30-minute check with us. We’ll:

  • Review your current hiring process
  • Spot potential risks
  • Give you a clear, actionable plan

Important: This guide contains general advice. Always check the specific details for your situation with an expert.

What to do when a new hire isn’t working out during probation

Posted on by Melanie

What to do when a new hire isn’t working out during probation

What to do when a new hire isn’t working out during probation

You hired someone promising. Three weeks in, your gut’s telling you something’s off.

Probation exists for exactly this reason but handling it fairly while protecting your business can be tricky.

What probation actually means

Probation isn’t a legal requirement. It’s a contractual trial period where you can use shorter notice periods (typically one week instead of a month) and may withhold contractual benefits, like private healthcare, depending on your contract terms.

Your new employee still has statutory rights from day one: minimum wage, holiday pay and protection from discrimination. These apply regardless of probation.

How to manage probation properly

Set clear expectations from the start

Give your new hire a proper job description with specific, measurable goals for their first three months.

Tell them your standards and what doing a good job looks like in your business.

Get the basics right

A proper induction sets them up to succeed. Show them how you work, introduce the team and schedule essential training.

If they struggle after you’ve done everything right, the issue is unlikely to be your onboarding.

Review regularly and keep notes

Have weekly check-ins at first, then monthly once settled. Document discussions, progress and agreed actions.

Send summaries afterwards so everyone’s clear. Address problems immediately with specific feedback.

Give them a chance to improve

When someone’s struggling, identify why. Often small adjustments work: extra training, clearer instructions or different working arrangements.

Ask what would help, they might have solutions you haven’t considered.

When things still aren’t working

Consider extending probation

If you need more time to decide, you can extend probation, usually by a month. Put it in writing, explaining why and what they need to achieve.

Extensions are only valid if your employment contract allows for them. Avoid multiple extensions.

If you need to dismiss

Sometimes it doesn’t work out. You still need to follow a fair process: meeting in writing, explain reasons, let them respond, confirm decision in writing, offer a right to appeal.

This reduces the risk of discrimination or automatic unfair dismissal claims, which employees can bring even with less than two years’ service.

Consider upcoming changes

Proposed changes in the Employment Rights Bill could introduce day-one protection from unfair dismissal, with many changes expected to phase in from late 2026 into 2027. Details are still subject to Parliament and consultation.

Either way, tightening your probation process now is a smart move. Document your approach, train managers on reviews and get comfortable with timely talks about how people are doing.

Making probation work for you

Good probation management is straightforward: set clear expectations, review regularly, document everything and act on problems quickly.

Not sure if your probation process would stand up to scrutiny? Worried about handling a failing probation?

Drop us a message for a confidential chat about protecting your business while treating people fairly.