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Workplace stress claims: Howard Hymanson’s expert perspective on stress in the workplace and employee wellbeing

Posted on by Anna Weeden

“The obligation on employers to ensure a safe system of work applies equally to protecting someone’s mental health as it does their physical health.”

Partner and co-head of our employment practice Howard Hymanson has been featured today in the latest episode of The Charlène Gisèle Show.

Charlene’s podcast is aimed at successful professionals wanting to achieve their career goals without the stress. As a former lawyer turned executive coach, Charlène aims to guide individuals to a balanced career without sacrificing success.

In this episode, Howard shares his insights on workplace stress from navigating stress claims and discrimination to addressing burnout and fostering healthier workplace cultures. Howard, who is a leading expert on stress at work compensation claims and mental health in the workplace, provides his perspective which lies at the intersection of employment law and wellbeing.

The full episode can be watched here.

ERA 2025: the new Act and the entertainment industry

Posted on by Anna Weeden

After the twists and turns of its parliamentary journey in 2025, and many amendments later, the long-awaited Employment Rights Act 2025 is now law. We unpack what this means for employers in the film, TV and entertainment sectors for the year ahead. 

UNFAIR DISMISSAL CHANGES

Turning first to the biggest change, unfair dismissal rights. The Labour Government’s aspirational ‘day one’ right not to be unfairly dismissed did not become law. However, the changes are still significant.

From 1 January 2027, employees will need six months’ service to bring a claim for ordinary unfair dismissal (rather than the current two years), meaning anyone continuously employed on or before 1 June this year will have protection from unfair dismissal from the start of 2027.

The current statutory cap on compensation for unfair dismissal, a year’s pay or £118,223, will also be abolished.

This is a big moment in employments rights. Although moving from ‘day one’ to ‘six months’ feels like a welcome compromise, employers must take greater care to get recruitment practices right, assess fit early on and take decisive action when things do not go to plan.

For film and TV companies, who hire staff short term for specific productions, careful thought will need to be given to employment status and termination processes when a production wraps or projects come to an end.

Equally significant is the removal of the compensation cap. Employers are used to the comfort of the statutory cap representing a worst-case scenario for unfair dismissal claims, but such claims will have a higher potential value. In the entertainment industry, where talent, presenters, and behind the camera executives are on significant salaries, this change really will matter.

TRADE UNION EMPOWERMENT

The Act has promised modernisation of trade union legislation, and with this comes a shift of power back to the unions. The Government’s union proposals have largely made it into the final law, with the result that unions will have more freedom to access members and workplaces, call industrial action and secure recognition.

Major changes begin to take effect in February 2026 (with some immediate changes for the public sector before then). In relation to industrial action including strikes, unions will need a simple majority vote to take action, any mandate will last for 12 months, instead of six months, and the notice of industrial action will reduce from 14 to 10 days.

This change to the law is of particular relevance for the film and television industry at the moment, given British Equity’s indication late last month that it may hold a statutory ballot on industrial action if terms cannot be agreed regarding AI. This followed a poll of British Equity members in December, with 75% turnout, where 99% of members indicated that they would refuse to be scanned on set without AI protections.

During 2026, a framework will be introduced giving trade unions stronger rights of access to workplaces from October 2026, both physically and through digital communications with employees.

More detail will follow in Regulations over the coming months.

Union agreements and relationships form an integral part of employment terms and arrangements for many businesses in the entertainment industry. It will be important for employers to fully understand the enhanced union rights and consider how this impacts their own union engagement and industrial relations strategies.

FAMILY FRIENDLY AND LEAVE RIGHTS

Day one rights have been introduced for family and other types of leave, with most expected to come into effect in April this year, or in early 2027.

These include: an entitlement to at least one week of bereavement leave, including for early pregnancy loss; paternity and parental leave rights from day one of employment; and statutory sick pay applicable from the first day of absence.

Rates of pay in respect of such rights remain low or uncertain. Statutory sick pay is capped at £123 per week, and a significant increase is not currently contemplated. The day one rights in respect of maternity and paternity leave do not extend to statutory pay, with employees still needing a period of continuous service for eligibility.

This means immediate costs to businesses are not duly onerous, although employers should note there is an ongoing wider Government review on the parental leave and pay system, although the review stage will not conclude before 2027. 

For many employers in the entertainment industry, these reforms won’t mean significant changes, as many already offer over and above statutory entitlements. However, for smaller employers and productions with staff on short or fixed term contracts, it will be important to be aware of the changes and how they may impact policies and different staff groups.

AND THE REST…

The above is a snapshot of three key aspects of the Act likely to be especially relevant to the film, TV and entertainment industries, but there is a raft of further reforms to be aware of.

You can read our overview of the changes here and we will share further insights and webinar offerings as more details emerge.

The takeaway from here is that whilst there are undoubtedly reforms of significance, and employer clients need to use the coming year to get ready for the changes, businesses should not be unduly worried. Being informed and prepared will help the creative sector successfully navigate and manage risk in this new landscape.

Please reach out to our head of film and television and partner, Sarah Lazarides, for more information or training requests about employment law changes and their potential impact.

The Employment Rights Act is now law: what this means for employers and employees

Posted on by Anna Weeden

After a complex journey through Parliament, the Employment Rights Act has officially passed into law. While many of its provisions will require further detail through regulations following consultations scheduled for 2026, some key points are already clear. This new legislation heralds significant changes to employment rights and obligations, with important implications for both employers and employees.

Key changes to unfair dismissal rights

The most notable change concerns unfair dismissal rights, which will no longer be a ‘day one’ right contrary to the Government’s initial proposal. Employees must now complete six months of service before being eligible to bring a claim for unfair dismissal. This new service requirement will take effect from 1 January 2027 and will therefore apply to employees who start work on or before 1 June 2026, provided they are still employed on 1 January 2027.

In a surprising twist, the current statutory cap on compensation for successful unfair dismissal claims has been abolished. Currently, compensation is capped at the lower of one year’s pay or £118,223, effectively limiting pay outs for higher earners. With the removal of both caps, claim values could increase significantly, particularly for higher-paid employees, unless new limits are introduced through future regulations. This unexpected development has raised concerns among employers and could dramatically alter settlement negotiations and tribunal outcomes.

These changes come at a time when the Employment Tribunal system is already experiencing chronic delays, with many cases taking more than a year to reach a hearing. The removal of compensation caps may further exacerbate these delays, as higher-value claims could crowd out lower-value cases. Employers are advised to address any performance or conduct issues promptly, ensuring any necessary terminations occur well before January 2027 to avoid potentially higher claim costs.

Family and leave rights: a day one entitlement

The Act also introduces day one rights for family and other types of leave, expected to come into effect sometime in 2027. These rights include:

  • Bereavement leave: Employees will be entitled to at least one week of bereavement leave, which will apply to early pregnancy loss as well as all other types of bereavement.
  • Parental leave: Employees will have the right to 18 weeks of unpaid parental leave from day one of employment, to be taken any time between the birth of a child and their 18th birthday. Currently, low uptake of this leave is attributed to the fact that it is unpaid.
  • Maternity and paternity leave: These rights will also apply from day one, with no obligation for employees to disclose pregnancy or impending parenthood during recruitment.
  • Statutory sick pay: Employers will be required to pay statutory sick pay from the first day of illness, ending the current three-day waiting period. However, the statutory sick pay rate remains low, capped at £123 per week, with no indication of significant increases.

Trade Union rights: A shift in the balance of power

The Act introduces major changes to trade union rights, which will take effect from February 2026, with some immediate repeals for public sector workers. Key changes include:

  • The removal of restrictions on the number of employees allowed to picket their employer’s premises.
  • A reduction in the notice period for strike action from 14 days to 10 days.
  • An obligation on employers to provide all employees with written information about their right to join a trade union.

Other reforms

The Act also introduces a range of other significant reforms including:

  • Zero-hours contracts: Employees on zero-hours contracts will, in certain circumstances, have the right to guaranteed hours, and employers will be required to give reasonable advance notice of working hours.
  • Pay gap reporting: Employers with more than 250 staff will face extended paygap reporting obligations, aimed at addressing inequalities.
  • Menopause policies: Employers with over 250 employees will also be required to adopt and publish formal policies to support employees going through menopause.
  • Fair work agency: A newly created fair work agency will enforce rights related to minimum wage, sick pay, holiday pay, and modern slavery. However, further details are awaited regarding the extent to which this agency will replace employment tribunals for claims in these areas.

What’s next?

While the passing of the Employment Rights Act into law provides some clarity, much remains uncertain. Several consultations are underway, with more expected, and the start dates for many provisions have yet to be confirmed.

What is clear, however, is that the Act represents a significant shift in the balance of rights and obligations in employment relationships. Employers should take proactive steps to prepare for these changes, including reviewing policies, addressing current employee issues, and planning for the impact of these reforms on their business operations.

As more details emerge, employers will need to stay informed and adapt to ensure compliance with this transformative piece of legislation.

Early conciliation: a process in crisis

Posted on by Anna Weeden

Partner and head of the firm’s employment group, Yvonne Gallagher, has written an article published in The Times on the challenges facing early conciliation – a mandatory pre-tribunal step aimed at resolving employment disputes within six weeks.

In the article, Yvonne explores how rising demand and systemic delays are impacting the effectiveness of this process, to the detriment of employers and employees alike, and highlights potential solutions to alleviate pressure on both Acas and the wider tribunal system.

Read the full article here.

Yvonne Gallagher featured in Law360’s expert analysis series

Posted on by Nikhita Sagar

Partner and head of our employment practice, Yvonne Gallagher, has been featured in Law360‘s UK Expert Analysis series, where practice group leaders share their perspectives on the current market landscape and insights from their professional experience.

Yvonne discusses the challenges of dealing with clients’ emotions, the significance of the widening scope for discrimination disputes, and why junior lawyers should focus on learning the basic contractual and statutory principles of employment law.

The full piece can be accessed here or via Law360.

Equity vs Spotlight: ruling in landmark case exposes a gap in legal protection

Posted on by Anna Weeden

After this week’s ruling in the landmark case between Equity and Spotlight, partner and head of our employment practice, Yvonne Gallagher, has shared her insights in an article published by The Stage in which she provides an overview of the dispute and comments on its likely impact on the performing arts industry.

One key feature of the case was the High Court ruling that Spotlight is not an employment agency under the legislation and there is therefore no restriction on the fees it charges. This serves to highlight a gap in protection when it comes to businesses operating platforms of this nature.

The full article can be accessed here.*

Founded in 1880, The Stage is a weekly newspaper and online publication with the latest news, reviews, interviews, in-depth features and advice on working within the performing arts industry.

*Please note that a subscription is needed to view this content.

New UK immigration rules now in force: key takeaways

Posted on by Anna Weeden

Today marks another significant change to the UK immigration rules. On 1 July 2025, the government released a ‘Statement of Changes’ to the immigration rules that take effect today, 22 July 2025.

This has given little time for individuals and companies to not only understand the changes, but to also ensure that they submit the relevant applications required prior to the changes being implemented. These changes are extremely significant for sponsored employees and companies that maintain a Sponsor Licence or intend to obtain a Sponsor Licence to employ future migrant employees.

Skilled Worker

The ‘Skilled Worker route’ allows employers to sponsor individuals that are from overseas to work in the UK, provided they meet certain requirements. Over the past few years, the government has continued to make changes to this route, particularly to the salary thresholds and the skills threshold. Given these changes, the rules have become needlessly complex and difficult to comprehend, and today’s changes have not helped the situation.

The general salary threshold for those that are applying for leave to enter the UK as a Skilled Worker or for ‘Leave to Remain’ in the UK have increased. A summary of the difference in threshold pre 22 July 2025 to present can be seen below:

Please note that if applying for settlement in the UK, the general threshold for Options A-D have also been increased to the new general threshold post 22 July 2025.

Changes to Skilled threshold

In order to assess if an individual’s role is eligible for sponsorship by an employer, the employer is required to review the role against a list of occupation codes that are provided by the Home Office as a guideline. This list is accessible and known as the Appendix Skilled Occupation List. Currently, this list incorporates RQF level 3-6 roles. However, as of today (22 July 2025), 180 occupation codes will be removed from this list, including those that are RQF level 3-5, and only RQF level 6 roles will remain. There is, however, an Immigration Salary List that provides a list of jobs where a reduced salary threshold applies to Skilled Worker visa applications. This list will remain until 31 December 2026 and will include RQF level 3-5 roles. There will also be a new list that will be known as the ‘Temporary Shortage List’ which will be reviewed regularly by the government and will only be in place until 31 December 2026. Roles listed here will be within RQF level 3-5 but can be removed at any time.

There are transitional arrangements for individuals that are already in the UK with leave as a Skilled Worker or who have applied to this route with a Certificate of Sponsorship (CoS) before 22 July 2025. Those that are in an occupation code that no longer forms part of the new ‘RQF Level 6 Occupation List’, but are performing roles that are in RQF level 3-5 roles, can remain employed in the UK, with the option to switch or change employers. There are, however, certain roles that are RQF level 3-5 whereby the individual must continue to work for the same sponsor.

6135 Care Workers and home carers and 6136 Senior Care Workers

Sponsored employers can no longer sponsor such individuals from overseas. Transitional provisions apply to those already in the UK under these occupation codes.

Dependants

As of today, those that are being sponsored within an RQF level 3-5 role will not be able to bring their dependant partner or child to the UK. However, if you are already in the UK with permission as a Skilled Worker within the RWF level 3-5, you can continue to extend your dependants leave or apply for ‘Indefinite Leave to Remain’. Note that there are some exceptions that apply to children.

Other working routes

The Global Business Mobility Routes (GBM) and ‘Scale Up route’ will also see changes to the minimum salary threshold:

  • for a senior or specialist worker from £48,500 per year to £52,500
  • for a graduate trainee from £25,410 per year to £27,300
  • for a UK expansion worker from £48,500 to £52,500
  • ‘Scale Up route’ from £36,300 to £39,100

How do these changes affect the creative industries?

The theatre industry will be significantly impacted by these changes, particularly theatre companies who sponsor actors, writers, musicians and dancers.

Starting today, employers intending to sponsor a dancer as a Skilled Worker can only do so temporarily until 31 December 2026. This applies to skilled classical ballet dancers or skilled contemporary dancers who meet the standards required by internationally recognised UK ballet or contemporary dance companies.

Therefore, post 31 December 2026, such individuals will be required to be sponsored under the ‘Creative Worker route’. This creates restrictions on theatre companies that may require the individual to be in the UK on a long-term basis due to the Creative Worker Visa only allowing someone to be sponsored for two years at a time, meaning the visa will continually need to be renewed.

Interestingly, actors, entertainers and presenters have been removed from the occupation list completely, and those already in the UK as a skilled worker under this code will only be eligible to extend their leave in the UK. Individuals from overseas will no longer be eligible to apply under the ‘Skilled Worker route’.

Further proposed changes

If the above is not enough to get your teeth stuck into, we should say that this is not the end of the proposed changes to UK immigration rules. The government are set to provide an update regarding the following:

  • Earned settlement and citizenship: The government is proposing to extend eligibility to settlement from five years to 10 years for more work routes. Exemptions may apply to those that are able to demonstrate contributions to the UK economy.
  • Study routes and graduate routes: Reforms are set to tighten the student and graduate routes aiming to prevent these pathways from being used as a means to settle in the UK. While changes to the graduate route are still under review, the proposed reforms include reducing the duration of stay under the graduate route from two years to 18 months, with the possibility of additional restrictions being implemented.

If you have any questions in relation to any of the above, please get in touch with our immigration lawyers.

Harbottle & Lewis advises Amdax on its acquisition of a strategic stake in Custodiex

Posted on by Julia Krol

We have advised Amdax, a Netherlands-based digital asset service provider, on its acquisition of a strategic stake in UK-based Custodiex, a specialist in quantum-safe cold storage solutions for digital assets.

Founded to provide cutting-edge custody infrastructure for financial institutions, Custodiex has established itself as a key innovator in the digital asset custody sector. The Manchester-based company’s quantum-safe solutions are designed to be scalable and future-proof, and meet the stringent international ISO 27001 security standard. The transaction enables Amdax to enhance its comprehensive digital asset platform.

Our team was led by partner Tom Macleod and managing associate Rosie Marston, with support from managing associate Katerina Capras and associates Elizabeth Compton and Matthew Shannon. Partner Yvonne Gallagher and associate Elisabeth Davies advised on employment aspects, partner Shireen Peermohamed and associate Samuel Flack advised on IP matters and senior associate Matthew Stephenson advised on property law matters.

On working with Harbottle & Lewis, Martin Cernohorsky, Amdax Head of Legal, commented:

“Working with the Harbottle & Lewis team was a great pleasure. Their broad range of expertise and professionalism proved invaluable in navigating throughout the twists and turns of this deal. From the start we were in good hands. We look forward to continuing our collaboration with Harbottle & Lewis.”

Tom Macleod added:

“We are delighted to have supported Amdax on this strategically significant acquisition. The combination of Amdax’s regulated platform with Custodiex’s innovative custody technology creates a compelling proposition for institutional clients across Europe. We look forward to seeing the continued success of this partnership as the digital asset custody market matures.”

Employment Rights Bill: The latest for July 2025

Posted on by Anna Weeden

After a quiet few months on the journey of the Employment Rights Bill, the last couple of weeks have seen a flurry of employment law updates. There has been a lot to unpack, so we’ve summarised the latest timeframes and changes in an update of the ‘need-to-knows’ for right now.

What’s the current status?

The Bill has been making its way through the parliamentary journey to becoming law over recent months. The Bill is now in the ‘report stage’ in the House of Lords, after which it will return for a third reading and further consideration of the proposed amendments. The latest amended version of the 318-page Bill was published on 24 June 2025.

What’s the timeframe?

On 1 July 2025 the government published its UK employment law roadmap for the delivery of changes, so we now have more certainty on implementation dates. The key takeaway is, with the phased implementation, that most changes are going to take longer than expected to become law.

Although a handful of changes will take effect shortly after the Bill receives Royal Assent, most will be implemented during a lengthy phased delivery plan. Some of the most significant are:

  • April 2026: ‘day one’ rights to paternity leave and parental leave; ‘day one’ right to statutory sick pay and removal of earnings threshold for this; enhancement of whistleblower protection; trade union recognition and balloting changes.
  • October 2026: enhanced duty to take ‘all’ reasonable steps to prevent harassment; changes to the law on fire and rehire; further expansion of trade union rights.
  • 2027: introduction of ‘day one’ protection from unfair dismissal; changes to the law on zero-hour contracts; enhanced rights for pregnant workers; statutory bereavement leave; umbrella company regulation.

What can be seen immediately is that it will take longer than expected for some of the biggest changes to become law, with key measures such as ‘day one’ unfair dismissal rights being pushed into 2027. This means more planning and preparation time for businesses to determine how best to navigate the changes in their organisation. Consultations about the proposed changes will commence shortly and we expect those to continue into 2026.

What’s new or changed recently?

On 7 July 2025, a number of proposed changes were detailed for the Bill, with some attracting considerable press attention over the last few days. We’ve outlined the most significant updates from the latest draft below, as a summary of the recent amendments. (Not all measures are mentioned in this briefing; we have focussed on what has changed in the latest version of the Bill).

For all of the categories below, it is important to emphasise that these are proposals only. They may not make it into the final Bill and are subject to change.

For those who want some further topical reading, press coverage and commentary can be viewed here.

Update: Bereavement leave for families who face pregnancy loss

A statutory right to bereavement leave has been part of the proposals from the early stages, but the latest amendments confirm that bereavement leave will be extended to a stillbirth or loss of a child in the first 24 weeks of pregnancy. This has been referred to as ‘miscarriage leave’ in some press coverage and has been welcomed by many charities and campaigners.

This means that employers may see the right to bereavement leave taken up more than initially expected, given the estimated statistic that more than one in five pregnancies sadly end in miscarriage. Companies will need to update policy and practice accordingly when the time comes.

Update: A ban on NDAs (including in settlement agreements) which cover harassment and discrimination

This is a significant amend for employers to note; non-disclosure agreements and similar deals (including settlement agreement terms) will be void if they prohibit an individual disclosing details of discrimination or harassment. Confidentiality clauses may still be permissible, at the request of the employee only, although the detail of this is yet to come. What’s clear is that this change aims to make ‘cover up culture’ a thing of the past.

Of course, some clients are ahead of the curve on this, and already have a ‘no-gagging’ policy for any settlement or exit terms where there has been a complaint or claim of discrimination or harassment. For others, this will be a real step change. All employers will need to start thinking about their commitment to culture, good training and transparency in preparation for this change.

Update: Changes to whistleblowing laws

The amendments include significant changes to the protected disclosure or ‘whistleblowing’ laws, if they are passed and included in the final bill. In brief, these include changes to what qualifies as a ‘protected disclosure’, a tightening of the public interest requirement, a new offence of intentionally or recklessly subjecting a whistleblower to a detriment and a proactive duty on larger employers to take reasonable steps to investigate any protected disclosure.

This is one to watch and the finer detail of the proposed enhanced whistleblower protection, currently scheduled to become law in April 2026, still seems ‘up in the air’ at this time.

Update: The fire and rehire ‘ban’

The ban on ‘fire and rehire’ (the practice of dismissing an employee for refusing to agree to a variation of their contract and rehiring on the employer’s preferred terms) has attracted criticism that it would make it difficult for employers to make routine organisational changes where needed.

The latest proposals seek to temper the ban, in particular with a proposal that it will only prohibit ‘restricted variations’ to include pay, pension, hours and holiday. There are also proposed changes as to how the proof of financial distress (where fire and rehire is permitted) will be assessed and the consequences of unlawful dismissals in this situation, with this no longer being automatically unfair, but assessed by a reasonableness test.

The amendments importantly allow for variation clauses in employment contracts. Employers could consider checking their contract terms; if their standard templates don’t include a right to vary terms and conditions, it would be advisable to think about updating those now.

Update: New proposed rules on zero hour worker contracts

Changes to what the Government term ‘exploitative’ zero hour contracts have been a headline change in the Bill. These are casual employment contracts which do not guarantee any minimum working hours. The  latest amendments water down an originally proposed ban on these contracts, so that employees can request guaranteed hours, but there is no duty on the employer to offer them. Again these are proposed amends only which may not be backed by the Government, so we could yet see a return to the more far reaching reforms for zero hour contracts as originally outlined in Bill.

The review of the parental leave system

Separately from the changes in the Bill, on 1 July the Government also launched a full review of parental leave and pay. The review will look at the whole family friendly leave system, including maternity and paternity leave, shared parental leave; adoption leave and others, and will also review the statutory pay system. We will keep clients updated as the review progresses.

We will continue to track the developments of the Employment Rights Bill and will issue further updates as the Bill gets to the final consideration stage and we have more detail on final proposals and implementation.

Statutory paternity pay under the ERB: Lucy Burrows’ article published by Employee Benefits

Posted on by Anna Weeden

“Even with paternity leave available from day one of employment, the proposals compare woefully to the paternity offerings from our European neighbours. Pre-eminent House of Lords peers have pushed for amendments for better-paid rights for fathers and co-parents. We will have to watch this space as the bill returns to the Commons, but no doubt this, like so many issues, could meet with reluctance to increase the costs of the bill’s changes any further.”

Senior associate Lucy Burrows’ article on the treatment of statutory paternity pay under the Employment Rights Bill has been published by Employee Benefits. The full article can be found here.

Employee Benefits is a UK digital publication which provides HR, reward and benefits professionals with industry news, tax and legislation updates and in-depth articles on all aspects of employee reward and benefits.