Key employment law updates | November 2025

Welcome to our monthly update, where we share upcoming changes to employment law.

Updated key requirements for HR1 redundancy reporting:

The government has announced recent updates to the collective redundancy reporting requirements, primarily relating to the HR1 form. HR1 forms are used by employers to notify the Secretary of State when they are planning 20 or more redundancies at one establishment within a 90-day period.

Following recent changes to the HR1 form, it will be mandatory from 1 December 2025 to submit it digitally. Paper forms will not be accepted from this date. Other notable changes include:

• Employers no longer needing to provide occupational group breakdowns in the HR1, as this section has been removed from the new digital version.
• The digital form introduces an additional redundancy reason option: “Change in supply chain/loss of supply chain contract,” giving employers a broader set of categories to describe the rationale for redundancies.
• The system will only accept consultation dates that have already started or begin on the date of submission. Future consultation start dates can no longer be entered.

As a quick reminder, key HR1 requirements (which can be found on the government's website here) are outlined below:

Requirement to notify

• Employers must submit an HR1 form to the Insolvency Service when proposing large-scale redundancies.
• Failure to notify (without good reason) can result in prosecution and fines.
• Information is shared confidentially with agencies like Jobcentre Plus so they can support affected employees.

Legal obligations

• Notification is required if 20 or more redundancies are proposed at a single site within 90 days.
• Minimum notice periods: 30 days (20–99 redundancies) / 45 days (100 or more).
• HR1 must be submitted before the first dismissal and before any dismissal notices are issued, and a copy of the notification must be shared with employee representatives.
• Each establishment is treated separately for notification and consultation purposes; multiple redundancy rounds do not need to be combined."
• If deadlines can’t be met, employers must explain why.

Completing the form

• Use one HR1 per site expecting 20 or more redundancies.
• The form does not autosave, meaning it should be completed in one sitting.
• Notify the Insolvency Service of any changes.
• Email completed forms to [email protected].
• All sections must be completed or the form will be rejected.

Government releases draft Code of Practice and consultation on electronic and workplace ballots.

On Wednesday 19 November 2026, the government issued a draft Code of Practice, with a consultation, setting out how unions can run electronic and workplace ballots once the Employment Rights Bill comes into force. Presently, the law requires almost all statutory trade union ballots to be conducted solely by post.

The Code confirms that e-voting will only be permitted within a strict security and data-protection framework. Voting systems must be secure, independently certified, and able to verify voter identity without revealing how individuals voted. Members must use private contact details, and anyone without them should be moved to postal or workplace voting.

Unions will be able to choose between electronic, postal, workplace or hybrid ballots, depending on the type of vote. The Code also confirmed that workplace ballots must take place in neutral, accessible locations, with employers barred from observing or influencing the process.

The update makes clear that postal ballots still stand, and nothing in the new Code or the Employment Rights Bill affects the statutory provisions of the 1992 Act.

New government publication concerning a review of employment rights for unpaid carers

A major review of unpaid carers' leave commenced in April 2024, to assess how well the current system was working and whether further support was needed for employees balancing work with caring responsibilities. The recent review published on 19 November 2025, confirmed focus points that included:

• How the current unpaid entitlement is operating in practice.
• Whether models of paid carer’s leave should be introduced.
• Options for extending existing rights or creating new targeted leave (e.g., for parents of seriously ill children).
• Measures that support carers to enter, stay, and progress in work.
• Impacts on employers, especially small businesses.

It has been confirmed that research, stakeholder engagement and consultation will take place through 2024 – 2026, with a final report expected by late 2026. A public consultation on potential reforms, including paid leave options, will follow.

The Employment Rights Bill

The Employment Rights Bill was debated once again in the House of Lords on Monday 17 November 2025, and there is still little budging. Several key issues are still contested and progress remains slow. The House of Lords revisited several unresolved areas, including zero-hours contract provisions and industrial action ballot thresholds. Peers again pressed for key amendments - most notably their proposal to retain a qualifying period for unfair dismissal rights, which remains a significant sticking point with the government (who appear firmly committed to delivering on its manifesto commitments).

We are continuing to keep a close eye on developments and will keep you updated as soon as we hear more. In the meantime, for more information on these proposed amendments and our thoughts on whether or not they are likely to be successfully implemented, please see our recent article: Employment Rights Bill – a roadmap, amendments, and ping-pong from the House of Lords

ACAS Early Conciliation extended to 12 weeks from December 2025

From 1 December 2025, the maximum ACAS Early Conciliation period will increase from 6 to 12 weeks. The government says the longer window is designed to help ACAS manage rising caseloads and increasingly complex disputes. However, we worry this may result in longer waits before claims move forward (especially given the additional proposals in the Employment Rights Bill to extend the time limit for tribunal claims from 3 to 6 months), potentially delaying resolution for both employers and employees.

Key points to note:

• Extended timeframe: Early Conciliation can now run for up to 12 weeks.
• Applies to new cases: The change covers notifications made on or after 1 December 2025.
• Purpose: Intended to ease operational pressures on ACAS driven by higher case volumes and complexity.

Confirmed: National Minimum Wage increases from April 2026

The Government has confirmed new National Living Wage (NLW) and National Minimum Wage (NMW) rates that will take effect from April 2026. The NLW, applicable to workers aged 21 and over, will increase from £12.21 to £12.71 per hour.

Other notable raises include:

• An increase of 50p (4.1%) to the NLW for those aged 21 and above, bringing the rate to £12.71 per hour.
• An increase of 85p (8.5%) for workers aged 18–20, raising the hourly rate from £10.00 to £10.85.
• An increase of 45p (6%) for 16–17-year-olds and apprentices, moving the rate from £7.55 to £8.00 per hour.

These adjustments are part of the Government’s ongoing commitment to ensure fair pay and align wage levels more closely across age groups.

Flexible working: the new norm retailers can’t afford to ignore

We’ve recently published an article for the 'Retail Sector' exploring the growing tension around flexible working. While flexibility became a norm during the pandemic, many retailers are now enforcing stricter office mandates — a move that risks alienating talent at a time when skills shortages and upcoming legislation make flexibility more critical than ever. Our article highlights why flexibility is no longer a “perk” but a legal and cultural expectation, and offers practical steps for retailers to adapt, retain talent, and stay compliant.

For the full insight and actionable guidance, read our newly published article for the Retail Sector here.

Available training for managers

Given the significant changes due to be brought about by the Employment Rights Bill, there is no better time to upskill your managers via our transformational management development programmes to reduce risk, increase engagement, and enhance motivation. Our programmes involve utilising unique accelerated learning techniques that will boost people management skills for years to come, suitable for supervisors up to board level.  Furthermore, our seamless programmes link in with your policies and templates to bring about impactful change (with practical templates to bring your policies to life, if required). We link below further information on four of our flagship programmes:

Details of our current programmes are as follows:

• 21^st Century: An innovative four-day management development programme designed to equip managers with essential skills, knowledge, and behaviours to effectively manage performance and improve workplace culture. 
• Gender Diversity: We know that managers and employees lack confidence talking about gender diversity and managing a diverse workforce. That is why we've created this bespoke training programme to help you get ahead and shape your culture.
• Inclusive Leadership: We may not notice our unconscious biases, but they still influence our actions and beliefs. For leaders, it is crucial to recognise those biases and lead inclusively which is the focus of our one-day Inclusive Leadership programme.
• Prevention of Sexual Harassment: With a duty to take proactive steps to prevent sexual harassment (such as training) introduced last year, it is more important than ever to act. This programme equips your workforce with the tools needed to identify and take conscious steps to prevent workplace sexual harassment.
• Upskill Managers to Manage: We can support you to navigate the challenges of integrating teams effectively to maximise post-integration success, emphasising the need for strong management, strategic alignment, and collaboration to overcome cultural differences and mitigate risks in an increasingly competitive market.

• Improve Employee Heath & Resilience: Improving the health and wellbeing of your people is a key requirement to driving a successful business. By educating employees on health and wellbeing strategies, we can help you to gain the competitive edge as your people improve their energy, productivity and overall wellbeing. Our wellbeing programmes deliver educational, fun and interactive sessions that are empowering and revealing.

Please contact Joanne Boyle, Legal Director, if you would like to discuss further how we can support your organisation.