Welcome to the very first edition of The Loch Lens, the go-to source for employers for key insights on employment and commercial law, immigration and work visas, HR management and strategy, training and workplace wellbeing – all aimed at helping businesses thrive.

Every month we will keep you informed about legislative changes and emerging trends, empowering you to stay ahead and make confident decisions for your organisation.

In this issue, we’re diving into essential topics you need to be aware of, including:

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A common misconception is that employees with less than two years of service cannot bring an Employment Tribunal claim.

While short-service employees have limited claim options, they can still file claims for discrimination, whistleblowing, or for asserting statutory rights (e.g. NMW, rest periods, TU membership).

This year, we’ve seen a rise in short-service employees bringing claims to pressurise their employers into making severance payments.

Before dismissing a short-service employee, ensure there’s no potential angle for them to use to try to bypass the two-year rule and be clear on the reason for dismissal.

The Labour Force Survey, published 20/03/25, has shown a rising number of redundancies in the past quarter.

124,000 people were made redundant aged 16+ November ‘24 to January ’25. Redundancies have been rising every quarter since May – June ’24 figures, which were 86,000. The data for the current period represents a 44% increase on this.

From this most recent data set, the largest age group affected is 25-34s, with 50+ next most affected, 36,000 and 32,000 respectively.

From November – January ’25, the sectors most affected were:

–            Construction: 22,000

–            Wholesale, retail and repair of motor vehicles: 16,000

–            Professional, scientific and technical: 13,000

–            Information: 12,000

–            Education: 12,000

In Q3 2024/25, the Employment Tribunal received 11,000 single claim receipts and disposed of 9,600 single claim cases. There were 43,000 single claim cases in the open caseload at the end of December.

Single claim open caseload (at 43,000) remains below the peak of 44,000 in Q3 2020/21, although this is up 31% compared to the same period in 2023/24.

There were 15,000 multiple claims received this quarter. Multiple claim numbers tend to be more volatile as they can be skewed by a high number of claims against a single employer.

In December ‘24:

–            979 claims related to unfair dismissal

–            576 claims related to breach of contract

–            547 claims related to disability

–            509 claims related to unauthorised deductions

–            272 claims related to race discrimination

–            264 claims related to public interest disclosure

(Source: Published 13 March 2025)

Employment Tribunal Insurance is a low-cost way to put your mind at ease about potential claims – get in touch for details.

The Advertising Standards Authority (ASA) has upheld complaints against A3 Games Pte Ltd and John Mills Ltd for breaching advertising rules, reaffirming its zero-tolerance approach to harmful and misleading advertising, particularly in the gaming and beauty sectors.

A3 Games Pte Ltd ran a Facebook ad for Top Girl that sexualised and objectified women. The company failed to respond to the ASA, and the ad was banned for violating rules on social responsibility and harm. The case has been escalated to compliance authorities. Read more about this here.

John Mills Ltd promoted Velform shapewear with digitally edited images exaggerating its effects. The ASA ruled the ad misleading, and it cannot be shown again in its current form.

Businesses must ensure their ads are socially responsible and evidence-based to avoid enforcement action.

Acas has released guidance to help businesses prepare for the new Neonatal Care (Leave and Pay) Act 2023, which came into effect on 6 April 2025.

The Act introduces up to 12 weeks of statutory leave and pay for eligible parents whose babies need neonatal care for at least seven consecutive days. This leave is available from day one of employment and must be used within 68 weeks of the baby’s birth.

The guidance covers key details such as:

  • Eligibility for parents, including birth parents, partners, adoptive parents, and intended parents in surrogacy arrangements
  • Notification requirements
  • How to manage leave and pay
  • Rights during and after leave

Employers should review the guidance and update their own policies to ensure they are prepared to support employees when the new law takes effect. Read more about this here.

The High Court has ruled on a dispute between business partners involved in selling lateral flow tests during the COVID-19 pandemic. The case, Titanium Capital Investments Ltd & Anor v Hughes & Ors [2025] EWHC 682 (Ch), involved claims of breach of fiduciary duties, failure to account for profits, conspiracy, and breach of contract.

Key Findings:

  • One partner (PM) secretly held a 30% stake in a related company, which the court ruled as a breach of fiduciary duty.
  • The other partner (JH) continued the business after dissolving the partnership without properly accounting for profits, breaching fiduciary duties and partnership laws.
  • The court ordered JH and associated entities to account for the benefits received from the business.

This case highlights the importance of transparency in partnerships and the legal risks of failing to disclose financial interests or properly account for shared business profits which is a requirement under fiduciary duties.

Thomas Cole, a former Marlborough College student expelled after a fight, submitted a Data Subject Access Request (DSAR) to access his personal data. Under the UK General Data Protection Regulation (GDPR), individuals have the right to request such information.

At a recent hearing, Judge Mr. Justice Nicklin ruled the school could withhold certain documents under an exemption in the Data Protection Act 2018. This allows organisations to withhold data if releasing it would reveal someone else’s personal information.

The final decision on Cole’s request will be made at a full hearing in mid-2025.

Key Takeaways:

Even though this case was just a case management hearing, the court explored how past, current, and future data protection laws affect DSAR exemptions.

The College argued that, based on previous case law, they were allowed to withhold documents in certain situations. They referenced the case of X v The Transcription Agency LLP (2023), where it was decided that some documents could be kept from the claimant even if the court considered them. This is because the Data Protection Act 2018 does not include a clear rule about withholding documents like the older Data Protection Act 1998 did.

Judge Nicklin pointed out that Parliament probably never meant to leave out this rule from the new law, and there have been attempts to fix this oversight in new proposed laws. One of these proposals is the Data (Use and Access) Bill, which is currently progressing through Parliament. If passed, this bill would allow courts to view documents that could be relevant to a data subject’s request but keep them hidden from the data subject until the court decides whether they have a right to access them.

This case suggests that in the future, the law may change to clarify when and how information should be shared between the courts, data controllers, and the people requesting their data. This is timely as the ICO releases new guidance on anonymisation and pseudonymisation techniques, which you can learn about here.

The UK Home Office has recently announced major updates to Right to Work checks which will impact businesses of all sizes, especially those employing gig workers and zero-hours staff. If your company hires workers in industries like construction, food delivery, beauty, or courier services, these changes are critical to understand.

Key Takeaways for Employers:

Most employers understand the basics, but compliance is tricky
A recent Home Office study found that while 89% of employers know about Right to Work checks, many are unclear on the details. Smaller businesses, in particular, are at higher risk of non-compliance.

Big penalties for getting it wrong
Since February 2024, fines have increased to £60,000 per illegal worker. Other consequences include business closures, director disqualifications, and even prison sentences of up to five years.

New rules for gig workers and zero-hours staff
Until now, Right to Work checks only applied to employees. However, the Home Office is expanding the rules to cover gig economy and zero-hours workers, meaning companies must now verify the status of freelancers and contractors working “in their name.”

Crackdown on illegal working
Enforcement is ramping up. Since July 2024:

  • 6,784 workplace visits have been carried out (+40% year-on-year)
  • 4,779 arrests have been made (+42%)
  • 1,508 civil penalty notices have been issued

Changes to biometric residency permits
Since 1 January 2025, biometric residency permits have no longer been valid. Employers should be prepared for alternative verification methods.

With immigration rules tightening, ensuring compliance is more important than ever. If you need guidance on these changes, now is the time to seek expert advice. We can offer a full migrant worker audit to help ensure your processes and records match Home Office requirements.

As an extension of your team, Loch Associates Group connect the dots between leadership, compliance, people strategy, and business growth when partnering with ambitious organisation leaders to solve complex challenges.

Our integrated approach provides commercially focused, pragmatic solutions that help you when you’re faced with a decision that will protect, grow, or secure your future. By covering every angle, we give you the confidence to move forward for long-term success.

0203 667 5400 | hello@weareloch.com