Reform of UK Employment Law: A 2026 guide for french employers in the UK

1. Collective consultation: significant increase in financial exposure

The maximum protective award for failure to comply with collective redundancy consultation obligations will increase from 90 days’ pay to 190 days’ pay per affected employee. This significantly raises the financial consequences of procedural non-compliance in large-scale restructurings.

2. Day‑one rights for family‑related leave

Paternity leave and unpaid parental leave will become available from the first day of employment, removing existing minimum service requirements.

3. Statutory Sick Pay (“SSP”): wider eligibility and higher employer cost

SSP will be payable from the first day of sickness and the lower earnings limit for eligibility will be removed, meaning SSP will apply to a broader group of workers and become payable earlier.

4. Simplified trade union recognition process

The statutory process for trade union recognition will be simplified, making it easier for unions to secure formal recognition in the workplace.

5. Expanded whistleblowing protection for sexual harassment disclosures

Disclosures relating to sexual harassment will explicitly qualify as whistleblowing. Employees raising such concerns will benefit from enhanced protection against unfair dismissal and detriment.

1. Limits on “fire and re‑hire” practices

The use of dismissal and re‑engagement as a tool to impose changes to terms and conditions will be significantly restricted.

2. Strengthened trade union rights

Employers will be required to inform employees of their right to join a trade union both at the start of employment and at regular intervals thereafter. Trade unions will benefit from enhanced statutory rights of access to workplaces, enabling them to communicate more directly with employees.

3. Expanded employer duty to prevent sexual harassment

The existing duty on UK employers will be strengthened, requiring employers to take “all reasonable steps” to prevent sexual harassment. This places greater emphasis on proactive compliance measures, such as training, risk assessments, reporting mechanisms and management accountability.

4. New duty to prevent third‑party harassment

Employers will be under a new duty to take reasonable steps to prevent harassment of employees by third parties (including customers, suppliers and contractors), in relation to any protected characteristic.

5. Extended time limits for Employment Tribunal claims

The time limit for bringing most employment tribunal claims will increase from three months to six months, significantly extending the window for potential litigation. This change is likely to lead to an increase in claims and reduces the certainty employers currently obtain on expiry of the shorter limitation period.

In light of the scale and pace of reform, French employers with UK operations should prioritise the following during 2026:

• Review dismissal and restructuring procedures
  Probation, capability and redundancy procedures should be reviewed in light of the earlier acquisition of unfair dismissal rights and to ensure compliance with collective consultation obligations.

• Audit contracts and HR policies
  UK employment contracts, employee handbooks and onboarding materials should be updated to reflect day one family leave rights, revised SSP rules, expanded whistleblowing protections, and the obligation to inform staff of the right to join a trade union.
• Strengthen harassment prevention frameworks
  Employers should implement and document measures capable of demonstrating compliance with the enhanced duties to prevent both sexual harassment and third-party harassment, including targeted training, risk assessments, accessible reporting routes and properly documented investigations.

• Plan for extended litigation timelines
  Internal limitation-period tracking, document retention and case-management practices should be adapted to reflect the extended six‑month time limit for most Employment Tribunal claims.

Clodagh Hogan advises both companies and individuals on all aspects of employment law, in particular on how to manage and resolve the difficult employment problems that can arise in the workplace.