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UK HR Two-Minute Monthly: September 2026
Employment cases & news
Sep 30, 2026Summary
From workplace social events and harassment risk to the Employment Rights Act 2025 and the resurgence of interim relief claims, this edition examines some of the most significant developments shaping the employment law landscape. We also share recent BCLP commentary on upcoming legislative reforms, flexible working and the practical challenges facing employers in an increasingly complex operating environment.
Recent case law
EAT guidance on the use of AI by unrepresented parties
In Hancox v Sutherland and others, a litigant filed a 300-page, unverified ChatGPT-generated skeleton argument in the EAT, and admitted much of it lacked credibility. In response, the EAT has given guidance on the use of AI by unrepresented litigants, confirming that AI-drafted documents must follow procedural rules, be properly checked for accuracy, and stay focused. It also confirmed that the burden of confirming accuracy cannot be shifted to the other side.
Employment insights
Work parties, alcohol and harassment risk: Are employers ready?
A new tribunal decision serves as a timely reminder that questions of consent and unwanted conduct can become highly complex when alcohol is involved. As the legal duty on employers to prevent sexual harassment is set to increase, this article examines the practical steps organisations should be taking now to reduce risk at workplace events and create safer, more inclusive environments.
The Employment Rights Act 2025’s hidden game-changer: Why workforce restructuring is about to get harder
Think the ERA is mainly about day-one unfair dismissal rights? Think again. One of the most significant changes for employers may be the overhaul of “fire and rehire”, which could severely restrict the ability to implement contractual changes and workforce reorganisations. With unlimited compensation exposure and stricter legal tests on the horizon, this article examines why employers should be reviewing their contracts and restructuring plans now, not in January 2027.
A little-known Employment Tribunal remedy is making a big comeback
Interim relief applications, historically rare, are rising sharply and catching employers off guard. Our latest article examines the reasons behind the trend, the impact on dismissal and whistleblowing disputes, and the practical measures employers can take to stay ahead of an increasingly fast-moving litigation risk.
BCLP commentary
- What tougher harassment laws mean for employers - HR Magazine
- We’re living in an uncertain and troubling world - International Employment Lawyer
- British bosses will be forced to meet employees requesting flexible work - International Employment Lawyer
If you have any questions about the topics discussed in this update or need guidance on upcoming changes in UK employment law, please contact a member of BCLP’s UK Employment Team.
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