Ian Smith makes a plea for common sense & finds solace in some good old-fashioned case law
- New employment legislation strengthens harassment protections and trade union rights.
- Recent rulings clarify HR’s role in dismissals, distinct tests for contributory fault, and how mental health affects harassment assessments.
There has been a burst of legislative activity in the last month, leading up to a major commencement date of 30 October for important provisions of the Employment Rights Act 2025. This was principally contained in the Act’s sixth commencement regulations (SI 2026/1065). These brought into effect the changes in s 20 (employers to take all reasonable steps to prevent sexual harassment), s 21 (harassment by third parties), s 56 and Sch 5 (seafarers’ wages and working conditions), s 59 (right of trade unions to access workplaces), s 60 and Sch 6 (trade union recognition), s 64 (facilities provided to trade union officials and learning representatives) and s 65 (facilities for equality representatives). The changes made to the Trade Union
