Employment analysis: The HM Courts and Tribunals (HMCTS) has updated its Frequently Asked Questions (FAQs) on Employment Tribunals Reform, providing guidance on the progression of the project to stakeholders.

ARCHIVED: This archived Practice Note provides a destination table showing how the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155, in force from 6 January 2025, correspond to the ET Rules 2013 (as set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (2013 Regulations), SI 2013/1237). It provides links to the relevant rules, whether set out in the ET Rules 2013 or the ET Rules 2024, SI 2024/1155. It also incorporates the notes in the comparison table prepared by Regional Employment Judge David Franey and published on the Courts and Tribunals Judiciary Practice Directions and Guidance for Employment Tribunals (England and Wales) page. In a joint letter, dated 18 December 2024, Judge Barry Clarke, the President for the Employment Tribunals (England and Wales), and Judge Susan Walker, the President for the Employment Tribunals (Scotland), addressed the interaction between the current Practice Directions and Presidential Guidance documents and the ET Rules 2024. They explained that: • the existing Practice Directions and Presidential Guidance documents

The office of the President of Employment Tribunals for England and Wales has announced that a working group of Employment Judges is reviewing and updating the Presidential Guidance on Principles for Compensating Pension Loss, last updated in 2021 and is seeking suggestions from practitioners on the content, structure and presentation of the guidance.

This Checklist sets out details of claims that may be brought in the employment tribunal, the relevant time limit for presentation of the claim, whether the requirement for early conciliation applies, whether the time limit is subject to an extension of time to allow for early conciliation to take place, whether the time limit may be extended at the employment tribunal’s discretion where it was ‘not reasonably practicable’ for the claim to be presented in time or where the tribunal considers it ‘just and equitable’ to do so. For further information regarding time limits for employment tribunal claims generally, see Practice Notes: • Time limits for presenting employment tribunal claims • Calculating and altering time periods in employment tribunal litigation, and • The early conciliation requirement In the table below: • # indicates that the requirement for early conciliation applies and the time limit is subject to an extension of time to allow for early conciliation, subject to any early conciliation exemption • * indicates that an extension of time may be allowed based

This Practice Note contains links to the Harvey Quantum awards database on employment tribunal awards in unfair dismissal cases. The database covers the basic award, the compensatory award, the reinstatement award and the re-engagement award. The purpose of the database is to give practitioners an idea of the type of factors and circumstances that result in tribunals making particular awards in unfair dismissal cases. The case notes in the database summarise the facts and the main reasons for the awards made in each case. The notes are relatively short, but are intended to give sufficient information to be of practical use. These areas are broken down by subject matter. The entire database can be accessed in Harvey here. A similar database for discrimination awards is also available in Harvey. See Practice Note: Employment tribunal discrimination awards database and Harvey: Remedies for discrimination—quantum awards. Practitioners are invited to submit for publication notes of relevant cases with which they have been involved. A small payment will be made for those case notes that are published

Interim Presidential Guidance on presentation of responses, to take effect from 6 April 2024, was issued on 28 March 2024 by Judge Barry Clarke, President of Employment Tribunals (England and Wales) and Judge Susan Walker, President of Employment Tribunals (Scotland).

Forthcoming changes: In measures expected to come into force on 1 October 2026, time limits for making certain claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) will be increased from three months to six months. The changes are set out in section 152 of the Employment Rights Act 2025 (ERA 2025) and ERA 2025, Schedule 12 (not yet in force), and in The Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026 (draft), The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 (draft) and The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026, SI 2026/473. This Precedent will be updated as soon as the relevant statutory instruments are made. For more information, see Practice Note: Employment Rights Act 2025—tracker. 1 Definitions 1.1 [Insert the following additional definitions into the definitions clause of the Share purchase agreement (if required)] Accounts Date • [insert day and month] 20[insert year]; [Business Day • a day, other than a Saturday, Sunday or public holiday, on which clearing banks are open for non-automated commercial

1 Definitions 1.1 [Insert the following additional definitions into the definitions clause of the Share purchase agreement (if required)] Accounts Date • [insert day and month] 20[insert year]; Business • means the business of [insert description of the business][ and all other activities including those ancillary or incidental to or in connection with such business as carried on by [the Company OR the Group] ]; Company • means [insert company name] Limited (company registration number [insert company number]) further details of which are set out in [insert description]; Disclosure Letter • means the letter dated the same date as this Agreement from the Seller to the Buyer disclosing matters against the Warranties, together with its schedules and the documents attached to the Disclosure Letter; [Subsidiaries • means the subsidiaries of the Company, further details of which are set out in [insert details eg Schedule number];] [subsidiary • means [a subsidiary as defined by section 1159 of the Companies Act 2006 OR a subsidiary undertaking as defined by section 1162 of the Companies Act 2006];] Taxation • means any form of direct and indirect tax, duties (including stamp duties), contributions,

Forthcoming changes: In measures expected to come into force on 1 October 2026, time limits for making certain claims in employment tribunals in Great Britain (and, in certain cases, industrial tribunals in Northern Ireland) will be increased from three months to six months. The changes are set out in section 152 of the Employment Rights Act 2025 (ERA 2025) and ERA 2025, Schedule 12 (not yet in force), and in The Employment Tribunals Extension of Jurisdiction (England and Wales) (Amendment) Order 2026 (draft), The Employment Tribunal (Extension of Time Limits) (Miscellaneous Amendments and Transitional Provisions) Regulations 2026 (draft) and The Employee Study and Training (Procedural Requirements) (Amendment) Regulations 2026, SI 2026/473. This Precedent will be updated as soon as the relevant statutory instruments are made. For more information, see Practice Note: Employment Rights Act 2025—tracker. 1 Definitions 1.1 [Insert the following additional definitions into the definitions clause of the Share purchase agreement (if required)] Accounts Date • [insert day and month] 20[insert year]; [Business Day • a day, other than a Saturday, Sunday or public holiday, on which clearing banks are open for non-automated commercial

1 Definitions 1.1 [Insert the following additional definitions into the definitions clause of the Share purchase agreement (if required)] Accounts Date • means [insert day and month] 20[insert year]; Company • means [insert company name] Limited (company registration number [insert company number]) further details of which are set out in [insert description]; Disclosure Letter • means the letter dated the same date as this Agreement from the Seller to the Buyer disclosing matters against the Warranties, together with its schedules and the documents attached to the Disclosure Letter; [Subsidiaries • means the subsidiaries of the Company, further details of which are set out in [insert details eg Schedule number];] [subsidiary • means [a subsidiary as defined by section 1159 of the Companies Act 2006 OR a subsidiary undertaking as defined by section 1162 of the Companies Act 2006];] 2 Employment 2.1 So far as the Seller is aware[, and subject to paragraph [insert number(s) of paragraph(s) in disclosure letter making relevant specific disclosures] of the Disclosure Letter], the Disclosure Letter contains fair details of: 2.1.1 the principal terms of contracts with employees of the Company[ and

This edition of Employment weekly highlights includes: (1) a call for evidence on the Employment Rights Bill by the Business and Trade Committee, (2) a Department for Business and Trade call for evidence on the 2025–2026 Labour Market Enforcement Strategy, (3) a Court of Appeal decision on directors’ fiduciary duties, (4) an EAT decision upholding an employment tribunal conclusion that a black cab driver using the Gettaxi app did not have worker status, (5) draft regulations to implement the UK-Switzerland Recognition of Professional Qualifications Agreement enabling recognition of Swiss professional qualifications in the UK, (6) an Information Commissioner’s Office (ICO) audit report on using AI tools in recruitment, (7) updated Acas guidance on gender reassignment discrimination, (8) statistics from the Department for Work and Pensions (DWP) on the employment of disabled people, (9) a High Court decision that a former bank analyst will face contempt of court proceedings after making false sexual assault allegations against a colleague, (10) analysis of the government’s plans to require large employers to report ethnicity and disability pay gaps, (11) an EAT decision on the right of an employee on maternity leave to a suitable alternative vacancy, (12) a Financial Conduct Authority (FCA) survey on non-financial misconduct, (13) regulatory action by the FCA over an individual’s actions during a sexual misconduct probe, (14) the Information Commissioner’s response to the Data (Use and Access) Bill, (15) Home Office guidance on the failure to prevent fraud offence, confirmed to come into force on 1 September 2025, (16) an announcement of temporary MyHMCTS downtime on 20–21 November 2024, (17) an update from the Employment Tribunal President on MyHMCTS and panel composition, (18) courts and tribunals 2024 Christmas and New Year opening times, (19) a series of Scottish regulations relating to regulated roles and the protection of vulnerable groups, (20) an Irish Act concerning maternity rights, (21) dates for your diary, (22) updates to our case, consultation and legislation trackers and horizon scanner, and (23) a new Q&A.

This edition of Employment weekly highlights includes: (1) analysis of an EAT decision concerning Stonewall’s liability for discrimination against a gender critical barrister by her chambers, (2) an employment tribunal decision on disability discrimination for the denial of a request to rescind a resignation, (3) FAQs from the European Commission on the EU Corporate Sustainability Due Diligence Directive, (4) an EAT judgment deciding that a Scottish judge did not have part-time worker status, (5) an update to correct an omission in the statutory Code of Practice on Dismissal and Re-engagement, (6) the Code of Practice on Fair and Transparent Distribution of Tips, (7) legislation bringing into force certain provisions of the Employment (Allocation of Tips) Act 2023, and the Code of Practice on tips, (8) an updated remit for the Low Pay Commission to ensure that it considers the cost of living when making recommendations on the national minimum wage (NMW), (9) Law Society recommendations for salary rates for trainees from September 2024, (10) regulations to stop the commencement of provisions of the Higher Education (Freedom of Speech) Act 2023 to allow the government to consider options, including its repeal, (11) the Bank of England and Prudential Regulation Authority 2023–24 annual report on whistleblowing disclosures, (12) a Court of Appeal decision reviewing the principles for extension of time to appeal to the EAT, (13) publication of the July 2024 edition of the Equal Treatment Bench Book, (14) amendments to the Civil Procedure Rules 1998, (15) launch by the Scottish government of the Fairer Workplaces Fund, (16) the Welsh government’s response to its consultation on modification of the Specification of Apprenticeship Standards for Wales, (17) dates for your diary, (18) updates to our legislation and consultation trackers and our horizon scanner, and (19) new Q&As.