Spring 2025 employment law update

Employment law is back in the news with the Government’s game-changing Employment Rights Bill working its way through Parliament, but most of those changes are not expected to come into force until 2026. Meanwhile the usual updates to statutory pay rates take effect from April 2025, including a significant jump in the national minimum wage rate for 18 to 20-year-olds as the Government moves towards a single rate for workers aged 18 and over. Employers should be aware of the recent changes to National Insurance payments. In addition, a new right to neonatal care leave and pay is being introduced, which is intended to extend the parents’ family leave to compensate for the time their baby was in care. Our Employment experts provide a reminder about recent changes in law and outlines important changes to the…

The new Employment Landscape for farmers

Finding, and retaining good, loyal and reliable employees is a challenge for every employer – but especially so for farmers since Brexit, according to a survey commissioned by Arla in 2024, which states that famers are now paying more for their staff, in addition to increased stock and running costs. In addition to Brexit, the Employment Rights Bill may bring further contractual issues as most farm employers typically use a combination of full time, fixed term employees, agency workers and seasonal workers on zero hours contracts. Our Employment Team at Ware & Kay warn that soon, zero hours contracts will be considered to be exploitative and therefore will be banned, so farmers need to act now to stay ahead of the curve, and protect themselves from potential problems and employment claims arising. It is important to…

The effective use of probation periods to manage performance

Many managers will know from experience that even if they follow a robust and thorough recruitment process, this does not guarantee that the employee is up to the job. The effective use of a probationary period is one way to reduce the risks, and this is expected to become increasingly important when the Employment Rights Bill 2024 fully comes into effect. The proposed changes will allow employees to bring a claim for unfair dismissal from their first day of employment, rather than needing two years’ service. It is expected that employers will still be able to dismiss fairly during a limited initial period (nine months is the Government’s current preference), provided they still use a ‘light-touch’ process. As a minimum this is likely to include at least one performance management review on record together with written…

Keeping in touch with employees on long-term sickness absence

Long-term sickness absence can be challenging for employers in a number of ways: not least the costs; the impact on the rest of the team; uncertainty about if and when the employee will return to work; and whether they will be able to cover all their previous duties. If the employee has a long-term condition, they may well be protected under the Equality Act 2010 as a disabled person, which means care should be taken to address reasonable adjustments that could be triggered on the employees return. Ignoring or not engaging with this process can prove costly, both financially and in terms of reputation. Employers need to deal with the employee supportively and appropriately, but what does this mean in practice? When do catch up calls become harassment, for example? Having firm and transparent procedures for…

How to attract and retain Generation Z employees: A Legal Perspective

Losing staff is expensive. Recruitment costs, lost productivity, and training new employees can far outweigh the investment required to retain existing staff. ‘A well-drafted employment contract, combined with modern workplace policies, can significantly improve staff retention—particularly when it comes to Generation Z’, states Jessica Gowar, Head of Employment at Ware & Kay Solicitors with offices in York, Wetherby & Malton. Understanding Gen Z in the workplace Gen-Z, those born between 1997 and 2012, are sometimes perceived as "difficult" employees. In reality, they simply have different workplace values and clearer personal boundaries than previous generations. The World Economic Forum predicts that by 2030, Gen-Z will make up approximately one-third of the global workforce. Employers who adapt their approach now will have a competitive edge in securing and retaining top talent. Key areas to focus on include…

Start up to scale up – planning to take on your first employee(s)?

If you are starting a business from scratch or expanding and you need people to work for you, your first crucial decision is whether to use employees on a fixed term basis or engage self- employed free lancers. The choice will depend on various factors and each status has disadvantages and advantages, but the difference between the two is crucial as not all contracts say what they mean. ‘Understanding the difference in employment status is important as this determines your legal obligations. The differences can be subtle, and it can be all too easy to fall into the trap of treating a freelance worker as an employee, and visa versa,’ says Jessica Gowar, Head of Employment with Ware & Kay. This can lead to misunderstandings between you, and can leave both parties in vulnerable positions. It…

The new Employment Landscape for farmers

Finding, and retaining good, loyal and reliable employees is a challenge for every employer – but especially so for farmers since Brexit, according to a survey commissioned by Arla in 2024, which states that famers are now paying more for their staff, in addition to increased stock and running costs. In addition to Brexit, the Employment Rights Bill may bring further contractual issues as most farm employers typically use a combination of full time, fixed term employees, agency workers and seasonal workers on zero hours contracts. Jessica Gowar, Head of Employment at Ware & Kay incorporating Pearsons & Ward warns that “Soon, zero hours contracts will be considered to be exploitative and therefore will be banned, so farmers need to act now to stay ahead of the curve, and protect themselves from potential problems and employment…

Do you need an employment policy for AI use at work?

Rapid changes are underway in the world of work due to the increased use of increasingly sophisticated artificial intelligence (AI) products that are available to employees and contractors. As with any innovation, it can take a while to fully understand the benefits and the risks, and for policies and procedures to catch up. ‘Employers and recruitment agencies use AI in recruitment; and employees are making use of AI to carry out their jobs, sometimes on their own initiative,’ says Jessica Gowar, Head of Employment with Ware & Kay Solicitors. ‘While the advantages can be transformational, using AI is not without risk and now might be a good time to consider developing a policy on the use of AI by employees, and to check with your recruitment agencies how they use it’. Jessica highlights key areas…

Four common mistakes with employment contracts

Although there is no legal obligation for employers to provide a contract of employment for their employees, there is a legal requirement to provide a written statement of terms, or “particulars” of employment as soon as employers engage new personnel. This is often a confusing distinction, so why not start with a clear contract of employment which outlines both employer and employee responsibilities and obligations from day one and avoid the headache of disputes later? “The relationship between an employer and an employee is, at its root, a personal one. Both employee and employer should understand and accept the terms of their relationship jointly in order to make that relationship work effectively. Contracts of employment are the backbone of the workplace relationship” says Jessica Gowar, Head of Employment with Ware & Kay. “It is not…

ACAS, mental health and reasonable adjustments: what employers need to know

Employers are increasingly aware of the importance of supporting employees’ mental health for many reasons, including improved retention, attendance and productivity. Underpinning this is a legal duty to make reasonable adjustments where the individual’s mental health condition is a disability under the Equality Act 2010. Mental health problems need to be taken as seriously as any physical conditions. Employers may be expected to make adjustments even when the individual does not consider themselves to be disabled. Understandably, managers may have concerns about privacy or not being equipped for dealing with mental health issues in the workplace. Last year, Acas published their guidance on reasonable adjustments for mental health, which provides practical advice on the topic. In this article we highlight the employers’ legal responsibilities, give examples of reasonable adjustments for mental health, and offer a few…