Happy Christmas. While you're enjoying a well-earned break, I wanted to share some thoughts on what 2025 holds for employment law – because it's shaping up to be one of the most significant years in decades.
The Employment Rights Bill (now the Employment Rights Act 2025) rewrites the employment contract for millions of workers. And if you're advising employers or employees, the clock is already ticking.
What's Actually Changing?
Day one unfair dismissal rights are the headline grabber, and for good reason. The Act abolishes the two-year qualifying period that's been with us since 2012. From implementation (expected in the first half of 2025), employees will have protection from unfair dismissal from their first day at work.
For employers, this means:
- Recruitment processes need to be more robust – you can't simply end a probationary period without following a fair process
- Documentation becomes critical from day one
- Performance management conversations can't wait six months
For employees, it means genuine protection during those vulnerable early months when, until now, you could be dismissed for no reason at all.
The Whistleblowing Problem
The Court of Appeal's judgment in Rice v Wicked Vision Ltd [2025] EWCA Civ 1466 landed in November: it's a sobering read. The court explicitly stated that had they been free to depart from Timis v Osipov [2019] ICR 655, they would have done so, inviting the Supreme Court or Parliament to resolve the conflict in the legislation.
Only about 4% of whistleblowing claimants succeed at tribunal. The main reason is not the merits: the legislation makes protection extraordinarily difficult to establish.
If you're advising a potential whistleblower, strategy matters more than ever. Document everything in writing. Be specific about what you believe shows wrongdoing and why. And get advice early.
The Elephant in the Room
For Women Scotland v Scottish Ministers [2025] UKSC 16 generated more heat than light in the press, but the practical implications for employers are significant. The four key lessons:
- Single-sex spaces and services need clear policies grounded in the legislation
- Data collection on sex/gender needs reviewing
- Recruitment practices for genuine occupational requirements need documentation
- HR teams need proper training on what the law actually says
What I'm Watching in January
- The first tranche of Employment Rights Act guidance from ACAS
- Any further developments on the whistleblowing reform proposals
- How tribunals handle the increasing backlog (currently running at over 18 months in many regions)
A Final Thought
The festive season is traditionally when HR headaches emerge from the office Christmas party. If you're dealing with the aftermath of someone's ill-judged behaviour at the work do, remember: events organised by the employer, even off-site, remain "in the course of employment" for liability purposes.
Have a restful break. I'll be back in January with the usual updates.