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Welcome to this month’s edition of Employment Matters, where we bring you insightful articles and expert advice on crucial workplace topics.

We explore the upcoming employment law changes, including the Employment Rights Bill and what they mean for your organisation, practical guidance on managing mental health in the workplace, and options for handling employment exits. You’ll also find commentary on the upcoming Autumn Statement’s impact on retailers, legal considerations around player and manager settlement agreements in sport. Finally, Bridget Sanger, senior associate in our commercial and private client litigation team, shares her experience from a compliance and health and safety perspective on how to foster a positive workplace culture.

Marc Long
Head of Employment and HR Team

  • Your up-to-date guide on the forthcoming employment law changes
    The government published a roadmap for the delivery of the Employment Rights Bill, offering insight on potential implementation dates. Paula Squire, employment partner, offers key insights for employers on the changes that are coming and how to get ready.
  • An essential guide for employers dealing with mental health issues in the workplace
    As mental health challenges become more visible in the workplace, we outline how businesses can promote wellbeing, recognise signs of distress, and avoid potential discrimination claims under the Equality Act. From manager training to open conversations, we share practical ways to build a healthier, more empathetic work culture.
  • The long goodbye, or an early exit – weighing up the options
    Dealing with a departure from your team can pose operational and business risks, which need to be carefully managed. A business enjoys much stronger protection and greater flexibility when dealing with team member departures if it has a well-drafted employment contract in place.
  • Retail sector under pressure: employment implications ahead of Autumn statement
    In light of rising redundancies, contract disputes, and tribunal claims across the retail sector, Clarke Willmott is calling for urgent government intervention in the upcoming Autumn Statement. With inflation climbing and major high street brands facing closures, employment stability must be a central focus. Our latest insight outlines the legal risks for employers and the reforms needed to support long-term sustainability in retail.
  • Professional sport & employment law: Player & manager settlement agreements
    When players or managers leave a club, settlement agreements offer a clean legal break but they come with complex terms, high-value payments, and strict tax rules. We explore key employment law considerations, from contract waivers and medical support to post-termination obligations, helping clubs and professionals navigate exits smoothly and compliantly.
  • How to foster a positive workplace culture
    Through a real-life case study, Bridget highlights the employer’s legal duty to create a safe working environment and offers practical tips for fostering a culture built on trust, clarity, and accountability.

    From zero-tolerance policies to meaningful staff engagement, this piece is a must-read for HR leaders and operational managers looking to strengthen workplace safety and culture.

Contact us

Please get in touch with a member of the Employment team if you would like to discuss any of the topics mentioned in this article.

Posted:

Previous editions

  • Court of Appeal overturns High Court decision on Tesco ‘fire and rehire’
    The Court of Appeal has allowed an appeal from Tesco against the previous decision of the High Court which granted an injunction preventing it from ‘firing and rehiring’ employees in order to force a change to terms and conditions of employment.
  • Gender critical beliefs are protected in the workplace
    In June 2021 Ms Forstater successfully established a binding legal precedent that gender critical beliefs were in principle protected by the Equality Act. Following that appeal her case continued at the Employment Tribunal to determine whether she was discriminated against on the basis of her protected belief.
  • Employers must ensure that the “punishment fits the crime” when considering disciplinary sanctions
    When a disciplinary officer has heard all the evidence at a disciplinary hearing, they must decide whether it is appropriate to impose a disciplinary sanction. This could be anything from a first written warning to dismissal without notice. When considering dismissal there are 5 potentially fair reasons. These are conduct, capability, redundancy, a legal reason and ‘some other substantial reason’. This article focuses on conduct dismissals.
  • Keeping the status quo: the Government confirms that it will not reform the law on employment status
    The Government has published a response to its 2018 consultation on the UK’s current employment status framework. The Government’s response confirms that it will not reform this complex area of the law. Businesses must therefore continue to use the current framework to determine the correct employment status of individuals providing services.
  • A breach or a fundamental breach
    Constructive unfair dismissal claims are difficult claims to bring successfully as the burden is on the Claimant to show that there was a fundamental breach that they resigned in response to (promptly).
  • Forcing an employee to express milk in car and toilet held to be harassment
    An Employment Tribunal has recently held that a school committed an act of harassment on the grounds of sex when they did not provide a space for a female teacher to express breast milk at work.
  • The menopause at work – why should it matter to employers?
    The Minister for Work and Pensions and Minister for Women, has this week confirmed that the Government is not currently planning to introduce menopause as a protected characteristic under the Equality Act 2010. However, employers should still consider the implications of menopause which is an emerging issue for employers.

Your key contacts

Email Marc Long
Marc Long - Employment Solicitor - Southampton

Marc Long

Head of Employment and HR Team/COFA

Southampton and London
Marc Long is the Head of Clarke Willmott’s Employment and HR team specialising in TUPE and outsourcing.
View profile for Marc Long >

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