HR and employment law update from face2faceHR ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­    ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏  ͏ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­  

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September 2026 header

This month we look at the 

Government's zero hours consultation closing, a case where an employer wrongly treated an employee as having resigned and a warning from HMRC regarding schemes claiming to reduce PAYE and National Insurance bills.

UK vacancies fall to their lowest level outside the pandemic since 2014

The UK jobs market is continuing to cool, with the number of vacancies falling to 707,000 in the three months to July, the lowest level outside the pandemic since late 2014. The latest figures from the Office for National Statistics also showed that the number of payrolled employees fell by 78,000 over the year to June.

 

For small businesses, the figures suggest that recruitment may become a little easier in some sectors, although the picture is far from uniform. Rising employment and operating costs are making some employers more cautious about taking on staff, while businesses are also reporting uncertainty about the wider economic outlook.

 

Wage growth is slowing too, although pay is still increasing faster than inflation. If you are thinking about recruiting, it may be worth taking advantage of a less competitive market but don't assume that weaker demand means you can automatically offer less. Good candidates will still expect competitive pay and flexibility, particularly for hard-to-fill roles.

Did you see 2

Last month our articles focused on building a continuous feedback culture.

 

This month, look out for tips on how to prepare for a hybrid customer service model.

Click here to view articles

Government's zero hours consultation closes as employers await detail of major reforms

The Government's consultation on reforms to zero hours and low-hours contracts closed on 25 August, bringing the next stage of the Employment Rights Act reforms a step closer. The proposed changes would give qualifying workers rights to guaranteed hours reflecting the hours they regularly work, reasonable notice of shifts and compensation when shifts are cancelled, moved or shortened at short notice.

Zero hours

The reforms are not yet in force, and the Government is still deciding important details, including the reference period used to calculate guaranteed hours and the threshold at which workers would qualify.

 

This matters particularly to small businesses in sectors such as hospitality, retail and care, where variable hours are common. If you use zero hours or low hours workers, now is a good time to look at how many hours they actually work and how much flexibility your business genuinely needs. The final rules are expected to be introduced through regulations after the consultation process.

Wrongly treated

Employer wrongly treated employee as having resigned after unpaid childcare leave

A security worker won £8,320 for unfair dismissal after his employer incorrectly treated him as having resigned while he was on unpaid leave to resolve childcare difficulties. He had worked for the business for more than nine years and had agreed unpaid leave after his childcare arrangements broke down.

 

The employer subsequently recorded him as a leaver, despite him never having resigned and without telling him that his employment was being terminated. When he later contacted the business about returning to work, he was told he would have to go through the recruitment process again.

The tribunal found that the employer had no reasonable basis for concluding that he had abandoned his job. It also criticised the complete absence of a dismissal procedure: there had been no warning, disciplinary meeting or right of appeal. The tribunal accepted that the employee had contributed to the situation by failing to maintain contact for several months, reducing his compensation by 35%, but said the greater responsibility lay with the employer.

 

If an employee disappears or fails to maintain contact, don't assume they have resigned. Resignation has to be a definite act, not something you assume. Check the facts, contact them, clarify their intentions and, if you are considering ending their employment, follow a fair process.

Fish processor ordered to pay £11,133 after dismissing employee without properly investigating allegations

An experienced fish packer has been awarded £11,133 after an employment tribunal found she was unfairly and wrongfully dismissed following arguments with colleagues and allegedly using offensive language. The employee had worked for the business for more than 11 years and had previously received a written warning about her conduct.

Proper investigation

After a further incident, three directors decided to dismiss her the following day. However, the tribunal found that there were conflicting accounts of what had happened and that the employer had carried out “no real investigation” before making the decision. There had been no disciplinary hearing at which the employee could respond properly to the allegations.

 

The tribunal accepted that there had been genuine concerns about her behaviour, and her award was reduced because her conduct contributed to the dismissal, but that did not make the dismissal fair. The employee received £6,147 for unfair dismissal and £4,986 in notice pay.

 

A short, proportionate investigation and a proper disciplinary meeting are usually far less costly than defending an unfair dismissal claim, and don’t have to take long.

Other stuff heading
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The new Fair Work Agency has secured its first prosecution, involving an individual who supplied workers to an abattoir without the required gangmaster's licence. The Agency currently has enforcement responsibilities covering areas including National Minimum Wage compliance and employment agency conduct, with its remit expected to expand further.

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One in seven workers says their basic employment rights have been violated
in the past year, including issues such as unpaid wages, holiday entitlement and working hours. The findings are particularly relevant as the Fair Work Agency begins enforcement activity, giving small employers another reason to make sure their contracts, payroll and basic HR processes are in order.

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HMRC has warned employers and recruitment businesses about schemes being marketed as ways to reduce PAYE and National Insurance bills through supposed tax credits acquired from other companies. HMRC says these arrangements can leave businesses liable for unpaid employment taxes, penalties and interest, so employers should be extremely cautious about payroll providers promising unusually large reductions in their tax bill.

As the summer holidays draw to a close and everyone is settling back into the school and work routines, September often feels like a fresh start. It’s a great time to get back to basics and review your employment contracts, workplace policies and HR processes to make sure everything is accurate, up to date and working well for your business particularly taking into account any of the legislative changes from the ERA 2025. A little housekeeping now can save time and prevent problems later.

If you’d like help reviewing your documents or tackling any HR or employment law issues, please do get in touch, I’m always happy to help.

Sue - June 2026

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E: sue.pardy@face2facehr.com

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