Soon to be Employment Rights Act
With parliament in conference recess, progress on the Employment Rights Bill is currently paused.
When parliamentary business resumes in mid-October, the final stage, the consideration of amendments (which is also called ping-pong) will be resolved. A date has now been set for the Lords to vote on amendments of the bill - the 28 October. The Lords can either accept Commons amendments or reject them. Either way, the bill will then pass through the Lords and proceed to Royal Assent, at which point it becomes law.
What people professionals need to know from the outset is that only a small number of measures will take effect immediately upon Royal Assent. Most provisions will require further consultations. These will bring about secondary legislation, which will set implemented at a later date. With the first substantive date for new measures being April 2026.
To stay informed about what will happen at Royal Assent, members should refer to the roadmap available on the tracker. We’ll also be updating member content, particularly in areas related to trade union relationships.
Adding finally, that it is also important to keep an eye on the roadmap items scheduled for April 2026, as these proposed changes are extensive and will require employers to prepare well in advance.
Dismissal following personal use of a work computer
The case of Miss A Lanuszka v Accountancy MK Services Ltd (2025) drew attention this month for its focus on employee monitoring and dismissal linked to personal use of a work computer.
Miss Lanuszka was dismissed after her employer installed spyware on her work computer. The spyware recorded 1 hour and 24 minutes of personal browsing (including shopping and property searches) over two days. Her dismissal letter cited “engagement in private business activities during working hours” as a breach of the company’s code of conduct. However, the tribunal found the dismissal to be unfair. Key points highlighted by the tribunal include:
- Personal use of a work computer may be a conduct issue, but, in this case, there were no clear policies or restrictions in place prohibiting such use.
- Procedural fairness was lacking and the tribunal queried the timing of the dismissal: “The Tribunal concludes that it was Ms Krauze’s desire to dismiss Ms Lanuszka before Ms Krauze believed that she would accrue two years’ service that was the real reason for Ms Lanuszka’s dismissal and not conduct.”
- There was no documented history of conduct issues and the tribunal found that some of the alleged warnings and diary entries were disputed.
- The claimant was dismissed without an opportunity to explain herself, further "The Tribunal concludes that there were not reasonable grounds to support a conclusion that Ms Lanuszka was guilty of misconduct. Nor was there a reasonable investigation carried out." Practitioners may wish to consult guidance on performance management for further information in this area.
Lidl GB and EHRC sexual harassment prevention agreement and what it means for you
Practitioners should note the legally binding agreement announced between the Equality and Human Rights Commission (EHRC) and Lidl GB.
This Section 23 agreement was made following a prior employment tribunal ruling, which found that Lidl GB had failed to take reasonable steps (see point 160) to prevent the sexual harassment of a young female employee. The EHRC has since required Lidl to take proactive steps to reduce the risk of sexual harassment in the workplace.
The agreement is an example of enforcement action under Section 23 of the Equality Act 2006, which allows the EHRC to intervene where there is evidence of a breach of equality law. Lidl GB has committed to a range of actions, including reviewing internal policies and training, conducting risk assessments, analysing complaints data, and engaging with EDI groups to identify and mitigate risks.
Breaching a Section 23 agreement can lead to further enforcement, including court action and financial penalties. And it is also important for practitioners to understand that the legal duty on employers - to prevent sexual harassment - has also been strengthened since the tribunal ruling, please see member content on this matter.