This month’s Loch Lens highlights the developments in employment law that are actively shaping the working landscape, and what they mean for employers. We cover:

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The Government has launched a consultation on new workplace rights for unpaid carers and parents of seriously ill children, signalling a potential expansion of statutory support beyond the current framework. The proposals are positioned as part of the wider Make Work Pay agenda and are aimed at reducing the number of people who feel forced to cut hours or leave work entirely because of caring responsibilities.

For unpaid carers, the consultation explores three linked ideas: extending the existing entitlement to unpaid carer’s leave, introducing a short period of paid carer’s leave, and creating a longer period away from work with a statutory right to return, designed to operate in a similar way to maternity leave protections, with job security during intensive caring periods. The Government is seeking views on eligibility, evidence requirements and what an appropriate duration might look like in practice.

The consultation also considers strengthened rights and financial support for parents facing the sudden reality of a seriously ill child, including proposals often referred to as “Hugh’s Law”, aimed at reducing the financial and employment impact of prolonged treatment and hospital stays.

Key takeaway: While these proposals are still in consultation, they signal a direction of travel towards greater paid support and stronger job protection for carers. Consultation closes on 1 September, 2026.

Learn more about the proposed rights here.

A recent Employment Tribunal decision involving BBC Radio Lancashire journalist Sean McGinty highlights the approach Tribunals will take where social media activity is said to breach an employer’s core standards and policies. Mr McGinty brought claims including unfair dismissal, disability discrimination and failure to make reasonable adjustments, arguing his conduct was linked to ADHD and anxiety, but his claims were dismissed.

The case followed a series of posts on X criticising the BBC’s reporting of the Israel–Gaza conflict, alongside other posts the BBC considered inconsistent with its impartiality expectations, and an email to BBC presenter Nihal Arthanayake in which Mr McGinty used highly derogatory language. He was ultimately dismissed for gross misconduct in July 2024, with that outcome upheld on appeal.

The Tribunal accepted that the Claimant had the right to hold his views, but found the issue was the public communication of those views in a way that breached the BBC’s social media and impartiality standards. It also found no causal connection between disability and the misconduct alleged, noting the lack of supporting medical evidence and that the conduct appeared sustained and deliberate, including attempts to bypass internal controls and continuing to post during the process. The Tribunal concluded the BBC acted procedurally fairly and that dismissal fell within the range of reasonable responses.

Key takeaway: Cases involving social media are increasingly won or lost on the strength of the policy framework. Clear policies and fair and reasonable processes are critical.

Read more about the Employment Tribunal decision here.

In Mr S Shaji v Swan Care Solutions Ltd, the Employment Tribunal considered the position of a sponsored worker who relocated to the UK under a Certificate of Sponsorship naming Swan Care Solutions as his employer but was then given no work and no pay. The Tribunal recorded that he came to the UK “ready, able and willing” to do the role, yet work was not provided.

The Tribunal found the Claimant was an employee from 15 April 2023 to 21 April 2024, with the only reason he did not work being that the respondent withheld work. It rejected any attempt to treat him as if he were on a zero hours arrangement, noting that the sponsorship documentation set out a 40 hour week and a salary, and that missing paperwork or internal confusion did not prevent employment starting.

The Tribunal upheld claims for unauthorised deductions from wages and holiday pay. It ordered payment of £20,400.76 net for unpaid wages and £2,168.85 net for accrued holiday, increased by 20% because the Respondent unreasonably failed to comply with the ACAS Code, and it also made a four weeks’ gross pay award for failure to provide written particulars, under section 38 Employment Act 2002. Taken together, the award totalled around £28,844, before any gross up for tax and NIC.

Key takeaway: Ensure your documentation reflects the reality of the situation.

Read on for more on this case here, and for more on staying compliant with sponsor license changes, read our article here.

The Department for Business and Trade has launched a consultation on the regulations needed to implement the Employment Rights Act 2025 reforms aimed at ending “one sided flexibility” in zero hours and similar contracts. The changes proposed include guaranteed hours that reflect hours actually worked, reasonable notice of shifts and changes, and payments where shifts are cancelled, curtailed or moved at short notice.

The consultation will consider the operational detail, particularly who qualifies and how “normal working patterns” are assessed.

For employers using flexible workforces – particularly in retail, hospitality, care, logistics and agency supply chains – the eventual regulations could reshape workforce planning, rostering practices and record keeping and result in increasing costs. The consultation closes on 25 August 2026.

Key takeaway: It’s worth auditing your workforce now to establish your exposure to change in the future.

Discover further details of the proposed regulations here.

The Government has announced a new package aimed at helping the UK’s fastest growing organisations “start, scale and stay” in the UK, combining hands on business support with targeted measures to improve access to global talent.

At its core is a bespoke concierge service offering tiered support to high potential scale ups, intended to help unblock issues such as regulation, access to finance, procurement barriers and talent bottlenecks, alongside a tender to appoint a private sector partner to run a pilot and the appointment of a Scale Up Adviser to help shape the offer. The Government has positioned this as a more proactive, joined up way of supporting companies that are ready to scale quickly.

Alongside this, the Government is launching a Visa Fees Reimbursement Scheme for Scale Ups, designed to reduce the cost barrier to making specialist international hires in priority sectors. The scheme, open from 9 June 2026, reimburses eligible visa application fees, with funding available up to £25,000 per year and a maximum award of £5,000 per international hire. The press release also flags an Office for Investment fast track referral linked to a UK Expansion Worker sponsor licence to help international firms set up in the UK more quickly.

Key takeaway: For eligible high growth employers, this Government package could make international recruitment faster and more affordable.

To explore more on the Government package, click here.

From June 2026, the Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2026 has expanded the list of organisations to whom workers can make protected whistleblowing disclosures. This is significant because a disclosure to a prescribed person can still attract statutory whistleblowing protection where the worker reasonably believes the issue falls within that body’s remit, even if they do not raise it internally first.

The updated list now includes several new routes for protected disclosures, including the Building Safety Regulator, the Creative Industries Independent Standards Authority – covering matters such as harassment, discrimination and related safety risks in film, TV, music and theatre – and the Independent Football Regulator. It also includes the Solicitors Regulation Authority (SRA) under the “Law” category, reflecting the Law Society’s approved regulator role, and giving an additional external reporting route for those working in or alongside the legal sector.

Key takeaway: As external reporting routes expand, employers should assume more concerns may go straight to regulators, so strong internal whistleblowing procedures, prompt investigation, and robust anti-retaliation safeguards are essential to manage risk and maintain trust.

For more, read the list of prescribed people and bodies here, and the SRA guidance is outlined here.

The Lady Chief Justice and the Lord Chancellor have announced plans to create a new Business and Property Division of the High Court, replacing the current Chancery Division and sitting alongside the King’s Bench and Family divisions. The reform is designed to modernise the High Court’s structure by bringing the Business and Property Courts, currently split across divisions, into a single divisional home.

The new division will bring together the existing Business and Property Courts, which handle high value, complex and often international disputes across commercial, business, property, technology, construction and IP related work.

The modernisation of the structure of the High Court is discussed in more detail here.

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