Mon 01 Dec 2025

Employment law round-up - December 2025

Our monthly employment law round-up.

Employment Rights Bill update

Although we know the Bill is still bouncing between the Houses of Parliament, a further consultation document has been published alongside a draft code of practice. Currently ballots for industrial action or union ballots must be held by post. The Employment Rights Bill introduces both electronic and workplace voting in addition to the current postal method. The consultation seeks views on the draft code of practice on electronic and workplace balloting for statutory union ballots. The draft code is intended to provide guidance on how these ballots should operate, with the UK government describing the consultation as an opportunity to shape that code. This consultation follows on from the four published last month which remain open.

BSI publish first standard addressing suicide risk and impact on the workplace

The British Standards Institute ("BSI") has published its first standard for employers addressing the risk of suicide. It provides employers with practical, evidence-based guidance to help plan for, respond to and support people affected by suicide, or those with thoughts of suicide, in the workplace and beyond. It includes support for developing effective policies and advice on identifying warning signs and how to address them. It is suitable for organisations of all sizes and sectors, including charities, social enterprises, public bodies, businesses and commercial enterprises. It is free to download and can be found at BS 30480 Suicide and the Workplace.

EHRC Services Code of Practice approval delayed

The Minister for Women and Equalities has confirmed that the delay in approving the draft Equality and Human Rights Commission Services Code of Practice is because the UK government has asked the EHRC to provide a proportionate costs assessment. This is to enable the UK government to assess whether a full regulatory impact assessment is required before the code is laid before Parliament for approval. The UK government is also considering the risk versus benefit of withdrawing the current Services Code pending approval of the updated draft.

Even if a full regulatory impact assessment is not required, the code needs to be laid before Parliament for 40 days before the UK government can take steps to bring it into force. There is still no timetable for the updating of the Employment Code following the Supreme Court's judgment in For Women Scotland Ltd v Scottish Ministers. In the meantime, anyone who is concerned about complying with the judgment is advised to seek legal advice.

Home working

The House of Lords Committee on Home-based Working has published a report, Is working from home working? The report is lengthy and detailed, covering a host of topics including wellbeing and health effects on individuals, practical effects such as work-life balance, productivity and the effect on employers. Following the significant increase in home working during the pandemic, levels have been fairly static since 2023. The report includes numerous recommendations for the UK government on many aspects of home working.

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