Welcome to our employment team bulletin for December.

In this edition, we focus on the recently passed Employment Rights Bill (the “Bill”), exploring the latest updates, including changes on the unfair dismissal reform. 
We provide a deeper dive into the upcoming changes to parental and paternity leave, statutory sick pay, harassment and unfair dismissal, as well as offering tips on how employers can prepare for these reforms. We also set out an overview of open and upcoming consultations in relation to the Bill. 

As our last bulletin of 2025, we wish you a delightful holiday break and look forward to bringing you the latest updates about employment's legislations in 2026.

If you would like to view the recorded version of our employment bulletin, please click here (although please note that there have been several important developments since then, as further detailed below). 

Latest updates

Test2

Top tips for employers dealing with AI in the workplace

In this article, we focus on the state of play of AI in the workplace from an employment law perspective, examining new risks and trends, along with giving guidance on best practice. 

Read more here.

In the news


 

The British Standards Institution has published its first standard for employers on suicide and the workplace.


The British Standards Institution (BSI) has published a standard for employers on the risk and impact of suicide in the workplace. This guidance offers a comprehensive overview of how employers can identify and manage suicide risks, initiate conversations about suicide in the workplace, strengthen policies on suicide and create processes for supporting and communicating with staff after a death by suicide. 

The guidance also provides practical tips on pinpointing warning signs, addressing suicidal behaviours displayed by workers and creating safety plans which account for suicide risks. The BSI has also considered how to address the impact of suicide-related bereavement in the workplace. 

HR and management toolkits are included within the guidance. These toolkits can support employers in ensuring a consistent and informed organisational approach to suicide. 

You can find the guidance here: BS 30480 Suicide and the Workplace | BSI. 

“Keep Britain Working” report published.


The Department for Work and Pensions and the Department for Business and Trade have published the “Keep Britain Working” report, resulting from Sir Charles Mayfield’s independent review into economic inactivity. This review focused on ill-health and disability, and how people can be supported to stay in work. 

Issues identified by the report include a culture of fear which limits constructive conversations, lacking systems for managing health and disability in the workplace, and barriers to work for disabled people.

To address these issues, the report proposes a new, outcome-focused model of shared responsibility between the government, employers, and workers. At the core of these proposal is a “Healthy Working Lifecycle” framework which aims to promote prevention, rehabilitation, and long-term inclusion for ill and disabled workers. Alongside this, the report recommends that a “Workplace Health Intelligence Unit” is created to gather data, evaluate proposed approaches, and guide good practice.

The report recommends that implementation of this framework is gradually phased in over seven years, beginning with a “vanguard phase” where a test pool of employers will pilot the proposals. 

You can find the full report here: Keep Britain Working Review: Final report - GOV.UK.

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Key legislative changes

LEGISLATIVE CHANGES SUMMARY OF CHANGE WHEN

Act now

Alongside introducing a new failure to prevent fraud offence, the Economic Crime and Corporate Transparency Act 2023 has also implemented a new requirement for new directors and persons with significant control to verify their identity. On 18 November 2025, the 12-month transition for current directors and persons with significant control to verify their identity began. Failure to prevent fraud offence: 1 September 2025 Commencement of transition period for directors and persons with significant control to verify their identity: 18 November 2025.
Section 17 of the Victims and Prisons Act 2024 is in force. This has made confidentiality clauses in settlement agreements void if they prevent victims of criminal conduct from disclosing certain information to specified bodies. Specified bodies include those with law enforcement functions, qualified lawyers, and individuals who provide a service to support victims. This Act applies in England and Wales only. If you would like more information on this subject, please let us know. 1 October 2025

Get prepared

The Bullying and Respect at Work Bill seeks to provide for a statutory definition of bullying at work and to make provisions relating to bullying at work, including to enable claims relating to workplace bullying to be considered by an employment tribunal. It also includes provisions for a Respect at Work Code to set minimum standards for positive and respectful work environments. A second reading of this Bill in the House of Commons has been re-scheduled for 16 January 2026.
The Bullying and Respect at Work Bill seeks to provide for a statutory definition of bullying at work and to make provisions relating to bullying at work, including to enable claims relating to workplace bullying to be considered by an employment tribunal. It also includes provisions for a Respect at Work Code to set minimum standards for positive and respectful work environments. A second reading of this Bill in the House of Commons has been re-scheduled for 16 January 2026.
The Bullying and Respect at Work Bill seeks to provide for a statutory definition of bullying at work and to make provisions relating to bullying at work, including to enable claims relating to workplace bullying to be considered by an employment tribunal. It also includes provisions for a Respect at Work Code to set minimum standards for positive and respectful work environments. A second reading of this Bill in the House of Commons has been re-scheduled for 16 January 2026.

Pending

On 5 February 2025, the Scottish government introduced the Tertiary Education and Training (Funding and Governance) (Scotland) Bill. If passed, this will mean that responsibility for providing national training programmes and apprenticeships will move from Skills Development Scotland to the Scottish Further and Higher Education Funding Council (SFC). Unknown. The Bill is at Stage 3, where MSPs can propose further amendments.
On 5 February 2025, the Scottish government introduced the Tertiary Education and Training (Funding and Governance) (Scotland) Bill. If passed, this will mean that responsibility for providing national training programmes and apprenticeships will move from Skills Development Scotland to the Scottish Further and Higher Education Funding Council (SFC). Unknown. The Bill is at Stage 3, where MSPs can propose further amendments.
On 5 February 2025, the Scottish government introduced the Tertiary Education and Training (Funding and Governance) (Scotland) Bill. If passed, this will mean that responsibility for providing national training programmes and apprenticeships will move from Skills Development Scotland to the Scottish Further and Higher Education Funding Council (SFC). Unknown. The Bill is at Stage 3, where MSPs can propose further amendments.

Key Contacts

Mandy Laurie

Mandy Laurie

Partner

Employment

mandy.laurie@burnesspaull.com +44 (0)131 473 6318

Get in touch
Morag Moffett

Morag Moffett

Partner

Employment

morag.moffett@burnesspaull.com +44 (0)141 273 6737

Get in touch
Burness 14 6 19 Pt2 Sarah Phillips 9472 Update2025

Sarah Phillips

Partner | Board Member

Pensions

sarah.phillips@burnesspaull.com +44 (0)131 473 6906

Get in touch