ACAS Early Conciliation

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The government has made regulations to increase the early conciliation (EC) period under rule 6 of the Early Conciliation Rules of Procedure 2014 from six weeks to 12 weeks. This will apply to any case notified to ACAS for EC on or after 1 December 2025.

What is Early Conciliation?

If a worker/employee has a claim against the organisation they work for they must report it to ACAS Early Conciliation before issuing an Employment Tribunal claim.  They will then be offered the opportunity to conciliate in attempt to resolve the claim.  Conciliation is voluntary so you can decide whether to participate.

EC Period

The EC period is the period within which ACAS has a duty to promote settlement once a claim has been notified to it. If no settlement is achieved within the EC period, ACAS must issue an EC certificate bringing the process to an end. The EC period had previously been increased from one month to six weeks on 1 December 2020.

Limitation period

Most types of Employment Tribunal claims have a three-month limitation period, meaning a claim must be issued without three months of the act complained of with the Employment Tribunal – these are strict rules so it is important to act quickly.  The EC period extends limitation – so anytime spent conciliating can be added to the limitation period.  Calculating the limitation date can be complex and ACAS will not assist with this so take our legal advice.

How can we help?

ACAS are unable to give you legal advice, whether you are the employee or employer.  They cannot represent you and cannot take sides.  Therefore, whilst the conciliation process does not require you to be represented by a solicitor, we can guide you and give the important legal advice.  We provide legal advice and representation to workers, employees and employers.  It is very important that you understand the merits of any claim and the likely value of a successful claim so you can make an informed decision about any proposal made during conciliation and/or whether the case should be taken to an Employment Tribunal.

 

Legal Update – The Renters Rights Act

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The Renters Rights Bill is now the Renters Rights Act – it was given Royal Assent on 27th October and is now an Act.

Currently there is no date set by the government when the different parts of the Act will be implemented including the commencement date of the new assured periodic tenancy system but have said that sufficient time to adjust and prepare will be given.

As a reminder, key elements of the Renters Rights Act are:

  • End of so-called ‘no-fault’ evictions: The measure abolishes Section 21 of the Housing Act 1988, which allows landlords to evict tenants without a stated reason;
  • Replacement of fixed-term tenancies: All tenancies will be converted to a single, “rolling” periodic tenancy model. Tenants can end these with two months’ notice, and landlords will rely on specific legal grounds for possession;
  • Ban on rent bidding wars: Landlords and agents are prohibited from soliciting or accepting offers of rent that are higher than the initial advertised price;
  • Annual rent increases: Rent can only be increased once per year, limited to the market value, and a minimum of two months’ notice must be given. Tenants can appeal to a tribunal if they believe the increase is unfair;
  • Discrimination protection: Landlords will be legally prevented from discriminating against prospective tenants based on whether they have children or receive benefits;
  • Decent Homes Standard: The measure applies the Decent Homes Standard to the private rented sector, ensuring properties meet minimum quality requirements including the new Awaab’s law;
  • New landlord database: A national register of landlords and their properties will be created to help both tenants and landlords;
  • Pet requests: Tenants will have the right to request a pet in their rental property, and landlords cannot unreasonably deny this request.

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

Legal Update – The Renters’ Rights Bill

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We are now close to the Renters Rights Bill receiving Royal Assent (where the Bill will become law) likely to be announced next week.

The Bill has navigated its way through the ‘ping pong’ phase in the House of Lords and will be back in the House of Commons next week for the final time where it is expected to be passed.  As set out in my previous updates the new Act will remove the right for landlords to use s.21 ‘no-fault’ evictions and will end fixed term tenancies with all tenancies becoming monthly periodic tenancies.

The majority of these provisions will not take effect immediately and we are awaiting to hear when this new tenancy system will be implemented which is likely to be around summer 2026 to allow landlords and professionals time to prepare and be ready for the changes.  Keep an eye out for further updates.

In the meantime, for those still wanting to serve a section 21 notice there was a recent County Court Appeal judgment in Cassell v Sidhu which concerned pre-tenancy gas safety certificates and those that do not have a full set of gas safety certificates and how this affects the validity of a section 21 notice.

In summary it highlighted the importance for the Landlord’s name and address to be correctly identified on the GSC, for new tenants to be provided with copy of GSC of the last record before they occupy the property and for landlords to retain GSC until there has been two further checks.

For more information and advice on this and how this may affect you please contact our Property Litigation Team at [email protected]

Possible introduction of fees payable for presenting Employment Tribunal claims

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STOP PRESS
Government will not be re-introducing employment tribunal fees. On 9 October 2025, the new Lord Chancellor and Justice Secretary, David Lammy MP, advised that the government would not be re-introducing fees in the employment tribunals.

It has been reported in the media that the government is considering re-introducing fees in the employment tribunals.  Fees were payable for bringing claims back in 2017 but abolished when it was ruled unlawful by the Supreme Court.  The Employment Rights Bill is expected to see more claims being issued and therefore delays in cases being dealt with.  It is said that the government is looking at the Ministry of Justice’s spending on the justice system generally.

Follow us for more updates on the new Bill and other employment related issues and changes.  Instruct us for all areas of employment law advice and representation as an employee or employer.

The Employment Rights Bill has entered its final parliamentary stages.

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The Employment Rights Bill has entered its final parliamentary stages.   The House of Commons rejected significant non-government amendments passed by the House of Lords at Report Stage.

The Bill will now return to the House of Lords, with reasons given by a House of Commons Committee for rejection of the amendments. In particular:

• Retaining a six-month qualifying period for unfair dismissal was rejected because it is considered appropriate for protection from unfair dismissal to apply from the beginning of employment. Therefore the Bill is still likely to proceed on the basis that there will be day one rights for protection from unfair dismissal for employees – a radical change from the current two year qualifying period.
• Replacing the proposed duty for employers to offer a guaranteed hours contract with a right for workers to request one was rejected because it is considered appropriate for workers who meet the qualifying criteria to receive a guaranteed hours offer.
• Defining “short notice” for the purposes of compensation for cancelled shifts to be 48 hours was rejected because this would pre-empt consultation and limit the government’s discretion.
• Permitting employees to be accompanied at disciplinary and grievance hearings by a “certified professional companion” was rejected because it would likely lead to an increase in the cost, complexity and length of such hearings.

 

Law Commission’s Plans To ‘Modernise Wills’

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The Law Commission’s plans to ‘Modernise Wills’ and make it easier to challenge one.

The Law Commission has proposed a series of major reforms to the law of wills in England and Wales to make it ‘fit for purpose in the modern age’. Their plans were published on the 16th May in a final report aimed at bringing clarity to their suggestions. With the current law still largely based on the 1837 Wills Act, these reforms aim to modernise the process, make it more accessible, and better protect vulnerable people from exploitation.

One of the most significant proposals is to allow electronic wills. At present, a valid will must be signed in ink and witnessed by two people physically present, a requirement that was proven to be difficult during the Pandemic and outdated in today’s digital world. The Commission suggests that once secure systems are in place, electronic wills should be legally recognised.

Another key recommendation is to end the rule that marriage automatically revokes a will. Under current law, getting married cancels any existing will unless it’s made in contemplation of that marriage. This can lead to unintended consequences. The proposed reform would keep a person’s will in place after marriage unless they choose to change it.

The Commission also aims to make it easier to challenge wills that may have been made under pressure. As it stands, proving undue influence requires strong direct evidence of coercion which if often difficult to obtain. Under the new proposals, courts would be allowed to infer undue influence from relevant surrounding circumstances making it easier to challenge a will based on suspicious behaviour.

Importantly, the test for mental capacity would also be updated. The Commission proposes adopting the more modern approach set out in the Mental Capacity Act 2005. This would bring much needed clarity in cases involving dementia or cognitive decline, areas where disputes often arise.

Lastly, the Commission recommends allowing courts to validate informal wills. For example, handwritten notes or digital messages, if there is clear evidence of the deceased’s intentions. While this may help in emergencies, it could also open the door to more complex disputes about what someone really intended.

Further reforms include tightening the rules around witnesses to prevent potential abuse and lowering the age at which a person can make a will from 18 to 16.

Together, these reforms aim to bring wills law into the modern age while offering greater security and fairness. The next step is for the Government to respond on whether they support any of the Law Commission’s. A full response is expected within the next 12 months.

If you think you may have grounds to challenge a will these reforms could strengthen your position. Early legal advice is vital. Our team can help you assess the situation clearly and take the right steps to protect your interests, whether under current law or in light of the proposed changes.

If you haven’t reviewed your will recently, or if you don’t yet have one, now is a good time to speak to a solicitor and ensure your wishes are properly protected.

For all wills/contentious probate advice and representation contact us at [email protected]

Employment Rights Bill Update April 2025

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‘The biggest upgrade to workers’ rights in a generation’

The Employment Rights Bill (ERB) originated in the House of Commons and received its second reading in the House of Lords on 10th April 2025. The Bill is set to introduce 28 significant reforms with the majority anticipated to take effect from 2026. It makes provision to amend the law relating to employment rights and significantly changing many existing rights by removing the 2-year qualifying period. The key proposals in the ERB include employees gaining the right not to be unfairly dismissed from day one and will no longer need 2 years’ service to qualify.

There will be new restrictions on ‘fire and rehire’ to severely restrict employers’ ability to use this to vary an employee’s terms and conditions, and would result in an automatic unfair dismissal if the employee is dismissed for not agreeing to amended terms. There are multiple exceptions an employer can look to prove, but there is a high bar for them to meet.

The ERB sets out various reforms including bringing an end to exploitative zero-hour contracts by introducing rights to guaranteed hours reflecting the number of hours regularly worked. Notice of shifts changing and payments for short-notice cancellation will also be implemented. Specific details about how this will operate in practice will be subject to consultation and secondary legislation.

Currently there is a time limit of 3 months from the act complained of to bring any claim in the Employment Tribunal (e.g unfair dismissal and discrimination). A key proposal of the ERB is to extend this to 6 months, providing employees with significantly more time to bring an employment claim and allow both parties greater opportunity to explore early resolution.

Other proposed changes include:

  • Flexible working will be made the default where feasible. Any refusal of a flexible working request must be reasonable and be explained in writing.
  • Introducing new regulations to cover dismissals during pregnancy, maternity leave and for six months following a return to work.
  • Lower paid employees will have access to a safety net of sick pay at a rate of either 80% or the flat rate, whichever is lower. This will be available from day one of the sickness.
  • Employers will need to keep records demonstrating their compliance with holiday entitlement.
  • Strengthening collective redundancy rights where employers propose 20 or more redundancies at one time.
  • Improved access to paternity and unpaid parental leave by giving day one rights.
  • Day one right to bereavement leave.
  • Extending the legal duty for employers to take steps to stop sexual harassment including by third parties. Employers will be required to take ‘all reasonable steps’ to prevent harassment.
  • Improve the provisions about treatment of workers involved in the supply of services under certain public contracts.

Amendments continue to be put forward as the ERB progresses through Parliament. The next step is for the Bill to pass through the House of Lords with discussions of an anticipated date it will come into force. Follow along with us for updates on the final stages of the Bill and its implementation.

We can provide detailed legal advice on how the upcoming changes could affect you as an employer/employee.
For all employment law advice and representation contact us at [email protected]

Minimum Wage Rate Increases 1st April 2025

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There is a legal right for all workers/employees to receive a minimum wage. The National Minimum Wage Act 1998 created this right. As from 1st April the hourly rates have increased once again.

Therefore, check your pay and ensure it conforms with the minimum rates. If you are an employer it is especially important that you check the pay of all workers and employees. There are a number of different remedies for those that are not being paid at least the minimum and the consequences for employers can be significant as back pay for up to two years can be claimed.

The full increases from 1 April 2025 are:

  • National Living Wage (age 21+) has increased by 6.7%, from £11.44 to £12.21 per hour.
  • National Minimum Wage (18-20) has a record increase of 16.2%, from £8.60 to £10 per hour.
  • National Minimum Wage (under 18) has increased 18%, to £7.55 per hour.

Claims that can be brought:

  • Unlawful deduction from wages claim in the Employment Tribunal.
  • Breach of contract claim in the County Court or Employment Tribunal.

It is not possible to agree with a worker/employee that they will be paid less. Any attempt to agree this will be void and a claim can still be brought, therefore. If a claim is made it is for the employer to prove that the pay was in accordance with the National Minimum Wage Act 1998.

In addition to a claim there is also HMRC enforcement. A complaint can be made by a worker or third party or HMRC can target an organization that is suspected of being non-compliant. If non-compliance is discovered the organization can be made subject to civil penalties.

In 2022-2023 HMRC investigated 3,200 cases and £13.66 million of arrears were discovered for over 108,000 workers.

Whether you are a worker, employee or employer we can provide detailed legal advice as to your position.

Legal Update – The Renters’ Rights Bill

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Earlier this month in the House of Lords, on its second reading members discussed the main topics in the Bill and highlighted concerns or specific areas where they think amendments are needed.

The main points included:

  • Reassurance that the Court system would cope with the impact from the Bill.
  • The limits on advance rent was debated, so this might be subject to change;
  • Consideration that purpose built student accommodation now be removed from the regime
  • Pets are to stay but there is concern over no comprehensive pet insurance existing.

You can read the Hansard transcript setting out the discussions here

The Bill now moves on to the Committee Stage before a 3rd Reading with plans to implement the Bill still remain for Summer 2025

Changes to Flexible Working Requests in the Workplace

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From 6th April 2024 employees will be able to request flexible working from the first day of a job. Currently there is a minimum period of service required with an employer before being able to make a request.

What is flexible working?

A flexible working request could include asking for a change relating to:-

  • The hours worked.
  • The times required to work.
  • A change to the place of work, including the ability to work remotely and/or from home.

There is no limit to the type of flexible requests that could be made, and the different variations.

What other changes are there?

There is no limit to the type of flexible requests that could be made, and the different variations.

At present the employee has to explain, when making a request, how they consider the flexible working being requested that could impact the employer and what effect it would have. This is no longer mandatory but considered advisable.

From April there will be a requirement that employers consult with an employee before refusing a request.

When can a request be declined?

Employers remain obliged to deal with flexible working requests in a reasonable manner. This means that a flexible working request can only be declined on certain statutory grounds as follows:-

  • The burden of additional costs.
  • Detrimental effect on ability to meet customer demand.
  • Inability to reorganise work among existing staff.
  • Inability to recruit additional staff.
  • Detrimental impact on quality.
  • Detrimental impact on performance.
  • Insufficiency of work during the periods the employee proposes to work; or
  • Planned structural changes.

If a request is refused then an appeal should be made available to the employee. There are strict time limits as to when any request should be dealt with by the employer.

What is the impact of an employer failing to deal with a request correctly?

If an employer fails to properly deal with a flexible working request then the employee can bring an Employment Tribunal claim against the employer, including on the following basis:-

  • The employer has failed to deal with the application in a reasonable manner.
  • The employer has failed to notify the employee of the decision within the decision period.
  • The employer has rejected the application for a reason other than one of the stated statutory grounds.
  • The employer’s decision to reject the application was based on incorrect facts.
  • The employer has treated the application as withdrawn but neither of the grounds entitling the employer to do so applied.

A claim must be brought by an employee to an Employment Tribunal within three months of the date upon which the claim arose. The remedies available to the Employment Tribunal are limited. However, where a Tribunal finds that a claim is well founded it must make a declaration to that effect and may make either or both of the following:-

  • An order for reconsideration of the request. If it does this the date of the Tribunal’s order will be treated as the date of the request.
  • An award of compensation to be paid by the employer to the employee, of such amount as the Tribunal considers just and equitable, up to the permitted maximum of 8 week’s pay.

From the above it will be noted that it is very important that employers understand their legal obligations with regard to considering flexible working requests. Also, employees need to understand their rights and entitlements.

Our Specialist Employment Solicitor, Jennifer Carpenter, can advise employers and employees in relation to issues relating to flexible working. After all, in this day and age when everyone is so busy, and after a period of hybrid working as a result of the Covid 19 pandemic, flexible working requests are becoming more and more common place.

Please contact us for specific advice with regard to your circumstances, the above being a summary only of the provisions as of 6th April 2024.