Wed 17 Sept 2025

Employment Law Round Up – September 2025

Our monthly round up of the employment law related news you may have missed.

Technical guide for employers on statutory neonatal care and leave published

The statutory right to neonatal leave and pay came into effect on 6 April this year. Neonatal care leave and pay: employers' technical guidance has now been published by the UK Government. Although a suite of guidance was published when the rights came into force, this new guide is, as the name suggests, more technical in nature. It also sets out how neonatal leave fits around other family related leave and covers off specific scenarios such as what happens if a child is readmitted to neonatal care, issues relating to multiple births and when qualifying neonatal care may be given at home. 

EHRC take regulatory action against organisations misrepresenting the law on access to single sex spaces

The Equality and Human Rights Commission ("EHRC") has taken regulatory action against 19 organisations across policing, education and health sectors whose policies have been identified as misrepresenting the law on access to single sex spaces based on self-identified gender. The call for input which resulted in these organisations being identified pre-dates this year's Supreme Court judgment that references to sex under the Equality Act 2010 were to biological sex only. At the time the call for input was made, transgender individuals with a gender recognition certificate ("GRC") were legally entitled to use many single sex spaces that those without a GRC were not. The 19 organisations have been written to by the EHRC and asked to review their policies. They must also provide assurances that they will be withdrawn and a timescale for revising the policies. This is an emotive and complex area of the law and if employers have any concerns arising from this, or the Supreme Court's judgment on the meaning of a "woman" earlier this year, then legal advice should be sought. 

Employment Rights Bill update

At the time of writing, the Bill is in its very final stages. The House of Commons considered certain amendment proposed by the House of Lords on 15 September and rejected all but straightforward technical amendments and those put forward by the Government. The Bill is due to return to the House of Lords shortly. Both Houses must agree the final text and the Bill may need to bounce between both Houses until this is achieved albeit it is customary for the House of Lords to ultimately give way to the Government position taken in the House of Commons. The House of Commons is now in recess until 13 October and it is likely that the Bill will come into force shortly thereafter. The Government previously published a roadmap for the delivery of the Bill which sets out expected implementation dates.

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