Ending an Employment Contract: A Worker‑Centred Guide for 2026

Termination of employment is never just a technical moment in a contract. It is a point of vulnerability, a site of power imbalance, and often the moment when an employer’s culture reveals itself most starkly. Whether a worker resigns, is dismissed, or faces a more ambiguous “mutual agreement,” the law provides a framework — but it is workers, unions, and collective organisation that give that framework meaning.

This guide sets out the essentials of UK law on ending employment in 2026, with a focus on what workers need to know, what employers often get wrong, and how Solidarity can support members through the process.

1. The Three Main Routes Out of Employment

Resignation

A resignation must be clear and unambiguous. UK tribunals continue to reject attempts by employers to treat heat‑of‑the‑moment comments (“I’ve had enough,” “I’m done”) as binding resignations unless the worker confirms them later.

Key points:

• Workers must give contractual notice unless the employer has fundamentally breached the contract (constructive dismissal).

• Employers cannot “accept” a resignation that was never clearly given.

• A resignation given under duress — threats, pressure, or manipulation — may be invalid.

Dismissal

A dismissal occurs when the employer ends the contract. The law recognises five potentially fair reasons:

• Conduct

• Capability

• Redundancy

• Statutory illegality

• Some other substantial reason (SOSR)

But the reason is only half the story. A dismissal must also be procedurally fair. In 2026, tribunals continue to emphasise:

• A proper investigation

• A fair hearing

• The right to be accompanied

• Proportionate sanctions

• Consistency with how other workers are treated

Mutual termination / settlement agreements

Increasingly common, often used to avoid formal procedures. Workers should be cautious:

• A settlement agreement is only valid if the worker receives independent legal advice.

• Employers often frame these as “friendly exits,” but they are legal instruments designed to protect the employer.

• Solidarity strongly encourages members to seek union advice before signing anything.

2. Why the Date of Termination Matters

The termination date affects:

• Notice pay

• Accrual of holiday

• Continuous service (vital for unfair dismissal rights)

• Pension contributions

• Eligibility for redundancy pay

Tribunals have repeatedly held that the termination date is:

• The date the dismissal takes effect, not the date the letter is written.

• For resignations, the date the employer receives the resignation, not when the worker sends it.

• For summary dismissals, the date the employer communicates the decision.

In 2025–26 case law, tribunals have continued to scrutinise employers who attempt to manipulate dates to avoid liability — especially around the two‑year qualifying period for unfair dismissal.

3. Notice Periods: What Workers Are Owed

Statutory minimum notice

• One week if employed between one month and two years.

• One additional week per year of service up to a maximum of 12.

Contractual notice

If the contract gives more generous notice, that applies.

Pay in lieu of notice (PILON)

Employers can pay workers instead of requiring them to work notice, but:

• The contract must allow it, or

• The employer risks breaching the contract (which may increase compensation).

Garden leave

Employers may require workers to stay away from work during notice, but they must:

• Continue full pay and benefits

• Not use garden leave to punish or isolate workers

4. Constructive Dismissal: When Resignation Is Forced

Constructive dismissal remains one of the most misunderstood areas of employment law.

A worker may resign and claim constructive dismissal if the employer commits a fundamental breach of contract, such as:

• Bullying or harassment

• Unilateral changes to hours, pay, or duties

• Unsafe working conditions

• Ignoring grievances

• Disciplinary action taken in bad faith

The worker must resign promptly in response to the breach. Delay can be interpreted as acceptance.

Solidarity’s experience is that employers often rely on workers not knowing this right exists.

5. Wrongful vs Unfair Dismissal

These terms are often confused.

Wrongful dismissal

A contractual claim — usually about notice pay.

Key question: Did the employer breach the contract?

Unfair dismissal

A statutory claim — about reasonableness and fairness.

Key questions:

• Was there a fair reason?

• Was the process fair?

• Was dismissal a reasonable response?

Workers with certain continuous service usually qualify, but there are exceptions where no qualifying period is needed (e.g., whistleblowing, discrimination, asserting statutory rights).

6. Discrimination and Protected Characteristics

Here is a fully integrated, more nuanced, more protective, and more legally precise version of your section. It reads as a single, coherent piece and includes the additional layers you asked for—perception, association, and mixed‑motive discrimination—without losing clarity or authority.

6. Discrimination and Protected Characteristics

A dismissal is automatically unfair if the reason for it is connected—directly, indirectly, or even partly—to any of the protected characteristics set out in the Equality Act 2010. In these cases, the employee does not need two years’ service, and the employer’s reasoning, process, and underlying assumptions will be examined closely, including unconscious bias, inconsistent treatment, and reliance on stereotypes.

This protection applies not only where the characteristic is genuinely held, but also where it is perceived to be held or where the employee is treated unfavourably because of their association with someone who has a protected characteristic. A dismissal remains unlawful even where the protected characteristic is only one of several motives behind the decision.

The protected characteristics are:

Race — including colour, nationality, and ethnic or national origins. This covers explicit discrimination and more subtle forms, such as assumptions about cultural “fit”, language ability, or differential disciplinary standards.
Sex — applying equally to men and women. This includes dismissals influenced by gendered expectations, unequal behavioural standards, or assumptions about suitability for certain roles.
Disability — covering physical and mental impairments with a substantial and long‑term impact. A dismissal linked to disability‑related absence, behaviour arising from a disability, or a failure to consider reasonable adjustments may be automatically unfair.
Age — protecting workers of all ages. Decisions influenced by assumptions about capability, energy, experience, or “generational traits” fall within this category.
Religion or belief — including non‑religious philosophical beliefs that meet legal criteria. Dismissals connected to religious observance, expression, or perceived incompatibility with workplace culture may be discriminatory.
Sexual orientation — covering heterosexual, gay, lesbian, and bisexual employees. This includes dismissals influenced by prejudice, discomfort, or assumptions about lifestyle or behaviour.
Gender reassignment — protecting anyone proposing to undergo, undergoing, or who has undergone a process of transitioning. This includes dismissals linked to appearance, name changes, or colleagues’ reactions.
Pregnancy or maternity — one of the strongest protections in UK law. Any dismissal connected to pregnancy, pregnancy‑related illness, or maternity leave is automatically unfair, regardless of length of service or employer intent.
Marriage or civil partnership — protecting employees from dismissal because they are married or in a civil partnership, including situations where partnered employees are treated differently from single colleagues.

Employers often attempt to disguise discriminatory motives behind “performance” or “conduct” narratives. Tribunals are increasingly alert to this, especially where:

• There is a pattern of differential treatment

• Procedures are rushed or inconsistent

• Adjustments for disability are ignored

7. Redundancy: Rights and Realities

Redundancy must be genuine. Employers must:

• Consult meaningfully

• Use fair selection criteria

• Consider alternatives to redundancy

• Offer suitable alternative employment where available

Workers with two years’ service are entitled to statutory redundancy pay, but many employers offer enhanced packages.

Solidarity regularly challenges:

• “Sham” redundancies used to remove individuals

• Selection criteria that are opaque or subjective

• Failure to consult collectively where required

8. The Union’s Role: Power, Clarity, Protection

Employment law provides the floor, not the ceiling. Solidarity’s approach is grounded in:

• Early intervention — the earlier a member contacts us, the more options we have.

• Documentation — keeping records, emails, and timelines.

• Representation — ensuring no worker faces a meeting alone.

• Collective pressure — employers behave differently when they know workers are organised.

Termination is not just a legal event; it is a moment where solidarity matters most.

9. Practical Steps for Workers Facing Termination

1. Contact Solidarity immediately — even if you think it’s “not serious yet.”

2. Keep everything in writing — verbal conversations should be followed up with an email summary.

3. Request your personnel file if you suspect unfairness.

4. Do not sign anything (especially settlement agreements) without advice.

5. Record dates — they matter more than most people realise.

6. Stay calm, stay factual, stay supported — you are not alone.

10. Final Thoughts: The Human Reality Behind the Legal Framework

Employment law is often presented as neutral, technical, and balanced. But workers know the truth: the end of a contract is rarely a meeting of equals. It is shaped by power, culture, and the employer’s willingness to treat people with dignity.

This guide is not just about rights — it is about agency, collective strength, and the insistence that workers deserve fairness not only in law but in practice.

Solidarity stands with every worker navigating this moment.

Advocating Change: Insights from Solidarity’s 2026 Annual Meeting

Solidarity’s 2026 AGM combined procedural clarity with emotional intelligence and a renewed commitment to trauma‑informed, member‑centred trade unionism. Chaired by David Kerr and guided by General Secretary Patrick Harrington, the union set out a bold, practical agenda for the year ahead.

Setting the Scene

The 2026 Annual General Meeting of Solidarity Union opened in Edinburgh with a sense of grounded purpose. The room—wood‑panelled was arranged with care: the camera positioned for accurate minute‑taking, the banner placed thoughtfully and seating adjusted so that David Kerr, chairing the meeting, could manage the flow of contributions with ease. Members joined both in person and online, a reminder of Solidarity’s commitment to hybrid democracy and accessibility.

The atmosphere was steady and comradely. People arrived with papers tucked under their arms, nodding greetings, settling into chairs. Online participants appeared in the corner of the screen, equally present, equally valued. It was a meeting shaped by the union’s ethos: practical, humane, and attentive to the realities of working people.

Opening and Financial Overview

Chair David Kerr opened the meeting, confirmed quorum, and handed the substantive business to General Secretary Patrick Harrington, whose report was characteristically transparent and precise.

Patrick emphasised that while the union is financially stable, its sustainability depends on membership dues and unpredictable case‑related donations. The financial report was accepted without challenge.

Representation, Growth, and the Year’s Work

Solidarity continues to grow steadily, gaining one to two new members each week, many of them careworkers, nurses and midwives navigating increasingly complex workplace pressures. The union’s model—empowering reps to manage their own cases with support from the centre—remains one of its strengths.

Patrick and Glen Nicklasson (our President) both noted the introduction of new workplace visitation rights, expanding the union’s ability to support members directly. He also welcomed the Labour government’s decision to abolish union fees to the Certification Office, easing administrative burdens and recognising the value of union transparency.

Motions and Debates

The AGM’s motions reflected the union’s core commitments: fairness, trauma‑informed practice, and principled advocacy.

Template Resources for Grievances and Disciplinaries

Patrick proposed creating a suite of standardised tools—template letters, checklists, step‑by‑step guides—to support members facing grievances, disciplinaries, or GDPR requests. These will be published on the union website and reviewed quarterly. The motion passed unanimously.

Challenging the Five‑Day Appeal Deadline

The union resolved to challenge the widespread but legally baseless five‑day appeal window in disciplinary procedures. Patrick and David Andrews argued for a minimum of 14 days, especially for members with trauma, disabilities, or limited access to representation. The motion passed with strong support.

Embedding Trauma‑Informed and Equality‑Conscious Principles

A major motion committed Solidarity to embedding trauma‑informed practice in all grievance and disciplinary work. This includes:

Predictability and transparency
Emotional safety
Reasonable adjustments as standard
Flexible deadlines
Supportive meeting formats

The union will develop model standards and training for reps.

Congratulating the Certification Office on 50 Years

The AGM formally congratulated the Certification Office on its 50th anniversary, recognising its role in maintaining transparency and independence in the trade union movement.

Welcoming Employment Rights Reforms — With Caveats

The union welcomed the Labour government’s new employment protections—day‑one rights, restrictions on exploitative practices, and stronger union safeguards. But Patrick and other speakers stressed the need for:

Better enforcement
Expanded collective bargaining
Stronger protections for precarious workers

Solidarity reaffirmed its political independence.

Solidarity with the Birmingham Refuse Workers

The AGM expressed full solidarity with Birmingham’s refuse workers, who are resisting unsafe and unfair changes to their working conditions. Solidarity has supported the dispute through publicity and donations, while navigating legal constraints around picketing.

Marking the Centenary of the 1926 General Strike

David Kerr proposed a motion honouring the 1926 General Strike whcih passed unanimously. Patrick framed it not as a failure but as a warning: when capital squeezes too hard, workers know how to strike back.

Constitutional Reform

Members approved a revised constitution designed to improve clarity, accessibility, and legal robustness. A key amendment clarified that:

Legal support is provided at the General Secretary’s discretion with a right of appeal to our Executive Council
Reps must be protected from coercion or undue pressure to pursue cases they judge unwise (passed by amendment from Graham)

This reform ensures that union resources are used strategically and ethically.

Casework and Campaigns

Patrick reported a rise in disability discrimination cases, particularly around absence management and performance procedures. Other cases involved redundancy disputes, breaches of the ACAS code, and Equality Act violations.

Campaigns this year include:

Buy UK Goods
Enforcement of the Equality Act, especially in the insurance sector
Ongoing work on well‑being and workplace culture

Patrick outlined the union’s tribunal strategy: support initial claims, but discourage weak cases that drain resources and offer little chance of success. Only strong cases will be taken to a Tribunal.

Closing Reflections from the General Secretary

Patrick closed the AGM with a speech that captured the emotional heart of union work. His remarks are reproduced in full:

Accomplishment, Happiness, and the Power of Union Work

Closing remarks delivered by General Secretary Patrick Harrington

Brothers and Sisters,

Let’s talk about something we don’t celebrate enough: the joy of getting things done. The deep, human satisfaction that comes from rolling up our sleeves, facing a challenge, and saying, “We made that happen.”

Accomplishment isn’t a luxury. It’s a need. It’s what keeps us moving, keeps us hopeful, keeps us connected to one another. When we achieve something — especially something hard — we feel it in our bones. That spark of pride. That lift in the chest. That sense that the world is a little fairer because we acted.

And that, comrades, is exactly what union work gives us.

Every time we win a case, every time we protect a member, every time we force an employer to think twice — that’s accomplishment. Real accomplishment. Not the empty targets and KPIs management throws at people. Not the hollow “wellbeing initiatives” that never touch the real issues. I’m talking about meaningful victories that change lives.

When a member walks into a meeting terrified and walks out supported — that’s accomplishment. When a workplace becomes safer because we refused to look away — that’s accomplishment. When someone keeps their job, keeps their dignity, keeps their rights — that’s accomplishment.

And we don’t do it alone. We do it together.

That’s why it feels so good. Because union accomplishment isn’t individual glory. It’s collective strength. It’s the knowledge that when we stand shoulder to shoulder, we can move mountains. We can take on employers bigger than us, systems stacked against us, and still come out stronger.

Our work gives us satisfaction because it matters. It has weight. It has consequence. It leaves the world better than we found it.

So let’s carry that energy into the year ahead.

Let’s take pride in what we’ve achieved — and hunger for what’s still to come. Let’s remember that every victory, big or small, feeds that deep human need to build, to protect, to improve.

And let’s never forget: When we accomplish things together, we don’t just win — we grow stronger, happier, and more united.

Thank you, comrades.

Report from Maria Camara

2025 AGM Highlights: Solidarity Union’s Commitment to Workers

The 2025 Annual General Meeting (AGM) of Solidarity Union brought members together in-person in Belfast. Others joined via online platforms. This reflects the union’s continued commitment to accessibility and democratic participation. The meeting covered the year’s activities, reviewed finances, and most importantly, debated and passed several motions addressing pressing issues facing workers across the UK.

Unanimous Support for All Motions

All motions presented during the meeting were passed unanimously, showcasing strong unity among members. Key motions included:

Support for Workers in Industrial Disputes: The union pledged moral, logistical, and financial support to various groups of striking workers. This assistance is provided on an individual basis. These groups include cleaners at the Old Bailey and Birmingham bin workers. Also included are NHS staff in Gloucestershire and London, and Merseyrail cleaners. These actions highlight deep-rooted issues of outsourcing, poor working conditions, and unfair pay.
Reform of Statutory Sick Pay (SSP): Solidarity called for an overhaul of the UK’s meagre SSP system. They advocated for higher rates and better eligibility to match European standards. This ensures no worker is forced to choose between health and income.
Employment Rights Bill: While welcoming new protections—like day-one rights and zero-hour contract reforms—the union criticized loopholes and omissions. It committed to campaigning for clearer employment status definitions and the immediate implementation of electronic balloting.
Raising the Tax Threshold for Pensioners: The union voiced concern about pensioners facing creeping tax liabilities. This is happening due to a frozen personal allowance. Solidarity resolved to campaign for increased thresholds to protect low-income retirees.
Neurodiversity and Acas Activity: This motion received particularly passionate support. Members shared powerful personal stories about systemic barriers faced by neurodivergent individuals. Examples included highly capable people being kept in unpaid volunteer roles for years. Others are endlessly cycled through repetitive “employability” courses. These experiences underscored a widespread view that such courses may be more about reducing unemployment statistics than enabling real employment.

A Lively and Emotional Debate

What truly stood out was the depth and energy of the debate surrounding these motions, especially the one on neurodiversity. Several members described how they or family members had been excluded from employment, despite having valuable skills. One recurring theme was the exploitation of neurodivergent people. They were placed in endless unpaid placements or training cycles. These rarely led to paid jobs. There was strong criticism of benefit cuts under the current Labour government. There was no corresponding effort to remove genuine workplace barriers for disabled people.

Even after the formal AGM ended, the discussion on neurodiversity continued informally. Non-union members joined the conversation. This dynamic is a testament to how immediate and real this issue feels to many in the wider community.

Leadership Messages: Strength in Unity and Personal Support

The General Secretary and the President addressed the reality of worker isolation. They emphasized the need for proactive, personal support to tackle workplace bullying or unexpected challenges. A key theme was that you cannot rely on so-called “neutral” institutions or ombudsmen. You need a union to fight for your interests.

The President’s rousing speech highlighted the importance of unity and personal connection. He asserted that what sets Solidarity apart is its commitment to providing a personal service. This service is grounded in real communication—not just distant voices or generic advice.

Conclusion

Solidarity Union may be small in size. The AGM reflected a passionate, informed, and united membership. They are committed to fighting for justice, inclusion, and fair treatment in the workplace. The motions passed. The debates held confirm that the union continues to be a voice for those often left unheard. Solidarity’s message is clear: when we stand together, we are never alone.

Solidarity forever!

By Maria Camara

2024: A Turning Point in British Politics

2024 will be remembered as a turning point in British politics, marking the return of a Labour government after nearly two decades. While the Keir Starmer-led Labour Party secured a landslide victory, questions remain about the legitimacy of their mandate and the direction of their policies. Despite the commanding 174-seat majority, Labour’s 33% vote share raises important questions about the fairness of our electoral system. Does this truly reflect the will of the people? Such disparities highlight the ongoing need to revisit and potentially reform our democratic processes.

Is it time to consider proportional representation to ensure all voices are heard? Labour’s honeymoon period was short-lived. Riots erupted across the United Kingdom in the wake of the tragic deaths of three young girls at a Dance and Yoga event in Southport, England. Rioting was reported in a dozen towns and cities, from Plymouth to Belfast. These events underline a growing disconnect between the government and the public, particularly on the sensitive issue of immigration. The unrest has sparked important questions: could these riots have been avoided if the government, and indeed previous ones, had been more attuned to public sentiment? Immigration remains a deeply divisive issue, with government responses often reactive rather than proactive. A comprehensive and compassionate immigration policy, paired with meaningful efforts to address public concerns, could go a long way in preventing such tragedies and fostering unity.

In brighter news, Chancellor Rachel Reeves delivered Labour’s first budget since 2010, bringing some relief to low-paid workers. The Living Wage rose from £11.44 to £12.21 an hour. While this is a step in the right direction, we at the Solidarity Trade Union must remind the Chancellor that it still falls short of the Actual Living Wage, which stands at £12.60. For workers on the frontlines of our economy, this discrepancy means continued struggles to make ends meet. Labour must do more to fulfill its promise of a fairer society.

As we reflect on the events of 2024, it’s clear we face significant challenges as a nation. However, these challenges also present opportunities for change. To achieve the fairer, more equitable society we all desire, we must remain engaged and active. Join your local union, participate in community initiatives, and make your voice heard. Together, we can shape a better future. Let us step into 2025 with determination, hope, and a shared commitment to building a society that works for everyone. Change may not come easily, but united, we can make it happen.

By Glen Nicklasson, President of Solidarity union

Xmas 2024 Message From Pat Harrington, General Secretary of Solidarity Union

2024 has been a pivotal year for employment law and trade union activity in the UK. The election of the new Labour government brought fresh hopes for workers’ rights. Their manifesto promised significant reforms to improve conditions for employees and empower trade unions. Here, we review the key developments, including the new Employment Act and its proposed amendments, and assess how far they have delivered on their commitments.

The New Labour Government

The Labour Party’s victory in the general election was hailed as a turning point for workers. The party ran on a platform of fairness, job security, and empowerment for employees. Early actions by the government focused on reversing some of the anti-union measures introduced by previous administrations. There were high expectations for transformative change.

The Employment Act 2024

One of the government’s flagship policies was the introduction of the Employment Act. This comprehensive legislation aimed to tackle issues like insecure work, low pay, and lack of workplace protections. Key provisions included:

A ban on zero-hours contracts, except in specific circumstances.
A requirement for all workers to have predictable contracts.
Increased statutory sick pay and holiday entitlements.
Strengthened rights for workers to join and organise in trade unions.

These measures were welcomed by unions and advocacy groups. However, employers raised concerns about the increased costs and administrative burdens.

Proposed Amendments

The Employment Act also introduced a framework for further reforms. Proposed amendments currently under consultation include:

Mandatory recognition of trade unions in workplaces with over 50 employees.
Greater protections for gig economy workers, building on recent court rulings.
Expanded parental leave provisions, including paid leave for carers.

While these proposals signal a strong commitment to workers’ rights, their implementation faces challenges. Some employers and political opponents argue that the changes could harm business competitiveness.

Delivering on Promises

The Labour government has made progress, but significant gaps remain. Trade unions welcomed the repeal of laws that restricted industrial action.

However, delays in implementing parts of the Employment Act have caused frustration.

Workers in the gig economy have seen incremental improvements. Recent court decisions, such as the Uber ruling, have set important precedents.

Yet, unions argue that legislative backing is needed to secure long-term change.

Trade Union Activity

2024 also witnessed increased union activity. The cost-of-living crisis and high inflation led to widespread industrial action.

Strikes were held in key sectors, including health, education, and transport. Unions played a critical role in negotiating improved pay deals and working conditions.

Solidarity supported the strikes, standing with workers in their fight for fair pay and conditions.

The union’s commitment to advocacy reinforced the importance of collective action in achieving tangible results for members.

The government’s pledge to strengthen collective bargaining has seen mixed results.

The new requirement for mandatory negotiations in large workplaces is a step forward.

But unions have called for more robust enforcement mechanisms.

Solidarity Union: Punching Above Its Weight

Solidarity, though a smaller union, has made a significant impact in campaigning for workers’ rights and providing representation at meetings for its members.

The union’s Technical Advantage Group has been utilising AI to expand into videos and assist with research this year.

This innovative approach has enhanced its ability to advocate for members effectively. AI will remain a key area of development in the coming year.

Solidarity has also built alliances with other groups to promote specific campaigns. Most recently, the union partnered with the Facebook group “Great UK Products You Can Buy” to promote its “Buy British at Xmas” campaign.

Strengthening such partnerships will be a priority in the next year, helping to amplify its message and achieve greater results for workers.

Solidarity was also pleased to see legislation on the fair allocation of tips, which it and other unions had campaigned for.

This important change ensures that workers in sectors like hospitality receive the tips they earn, promoting fairness and transparency.

Looking Ahead

The Labour government’s first year has laid important groundwork for change.

The Employment Act and related measures demonstrate a clear intent to prioritise workers’ rights.

However, the road ahead remains complex. Balancing the needs of businesses and workers will require careful navigation.

Unions and workers must remain vigilant. Continued advocacy is essential to ensure the government delivers on its promises.

The next year will be crucial in determining whether 2024 marks a true turning point for employment law and rights for workers in the UK.

Patrick Harrington
General Secretary
Solidarity Trade Union

New Paternity Leave Rules

Image: Kollectiv Futur 2024. All rights reserved.

340 words, 2 minutes read time.

The government has recently unveiled the draft legislation known as the Paternity Leave (Amendment) Regulations 2024, following the prior announcement of proposed alterations to paternity leave rights in summer 2023. These regulations bring about significant changes aimed at enhancing flexibility and support for employees. Key modifications include the option for employees to split their two-week paternity leave entitlement into two separate one-week blocks, as opposed to the previous requirement of taking it all at once or in two consecutive weeks. Additionally, employees will now have the flexibility to take paternity leave at any point within 52 weeks after the birth, a departure from the previous 56-day window. Furthermore, the notice period for intending to take paternity leave has been significantly reduced to 28 days, down from the previous 15 weeks before the Expected Week of Childbirth (EWC). The leave is paid at the statutory rate, which is currently £172.48 per week.

Patrick Harrington, General Secretary, of Solidarity union commented:

“While the new regulations are a step in the right direction, some argue that they could have gone further. For instance, the leave period could have been extended to allow fathers to spend more time with their newborns. Additionally, the pay rate could have been increased to help families cope with the financial burden of having a new child.

It is important to note that the new regulations are a significant improvement over the previous ones. Hopefully, this government or the next will continue to make progress in this area and provide even more support for new parents in the future.”

It is important to note that the application of these Regulations will be universal, taking effect in all cases where the EWC falls on or after 6 April 2024. These proposed changes are slated to align with other family-friendly legal adjustments, including the introduction of carer’s leave, revisions to flexible working rights, and the expansion of redundancy protection to encompass pregnancy, as well as a period following maternity, adoption, and shared parental leave.

New Year Message From Our President

293 words, 2 minutes read time.

The past year has been a difficult year for British workers. Inflation took off at a level not seen for half a century but rates of pay fell far behind, triggering a massive outpouring of industrial action. Junior doctors, nurses, transport workers – people lauded and applauded as ‘essential workers’ during the Covid pandemic – found themselves vilified by the government and the Tory press as selfish and callous militant thug. The government has hinted at new legal restrictions on trade unions and their members’ rights.

So, we enter 2024 with some trepidation; we expect the government to try to trample on workers’ rights, to palm workers off with less-than-inflation pay increases and poorer working conditions. However, 2023 has shown that British workers are mad as hell and we aren’t going to take it anymore.

Solidarity says it wasn’t ordinary workers who caused the massive wave of inflation. Solidarity says we won’t stand for workers being punished for the misdeeds of the so-called ‘great and the good.’ Solidarity is dedicated to fighting for the rights of its member in 2024 as it has done since its foundation. Solidarity has your back. Solidarity will stand by you. There will be a struggle ahead, but as the late Bob Crowe once said, ‘You may fight and lose, but if you don’t fight, you will definitely lose”. Finally let’s give a thought and prayer to mainly ordinary working people who are suffering due to war and conflicts around the Globe, to which there are over a 100. It’s always the Working Class that suffer the most in these conflicts and let’s hope Humanity prevails in the coming year. We can win in 2024.

Happy New Year. Together we are strong. Solidarity Forever.

Glen Nicklasson

President of Solidarity union

Day 1 Right To Request Flexible Working

655 words, 3 minutes read time.

Survey Reveals Lack of Awareness

A recent survey conducted by Acas has found that 7 out of 10 employees (70%) are unaware of their new right to request flexible working from the very first day of their job starting next year. This significant change in the law will allow employees to ask for flexible working arrangements as soon as they commence employment. Currently, this right is only available to employees who have worked for their employer for 26 weeks or more.

A Code of Practice for a Smooth Transition

To facilitate this transition and provide guidance, Acas will be producing a new statutory Code of Practice on handling requests for flexible working. This code will support both employers and employees in understanding and navigating these changes, which will be implemented next year.

According to Susan Clews, the Chief Executive of Acas, the global shift towards flexible working has already had a positive impact on work-life balance for many individuals. Employers have also benefited from being perceived as attractive places to work. Clews emphasizes the importance of everyone being prepared for the new changes to the law and highlights the recent consultation on a new draft Code of Practice that strengthens good practice in flexible working. The final version of the new Code will be published next year.

Effective Date and Additional Reforms

The right to request flexible working from day one will come into force on April 6, 2024. Alongside this change, the Employment Relations (Flexible Working) Act 2023 outlines additional reforms related to flexible working, which are also expected to be implemented at the same time.

Other Legislative Updates

Carer’s Leave

Draft regulations have been published, detailing the operation of the new statutory right to carer’s leave, which will be effective from April 6, 2024. The key points from these regulations include:

Employees with dependents requiring long-term care are entitled to up to one week of unpaid leave within a 12-month period.

Leave can be taken in one continuous block or on separate days, but a minimum of half a day must be taken at a time.

Employees must comply with certain notification requirements, and there are limited circumstances where employers can postpone requested leave.

Employers cannot demand evidence in relation to a request for carer’s leave.

To comply with these regulations, employers will need to develop a carer’s leave policy and ensure their payroll and time & attendance systems are prepared.

Redundancy Protection for Certain Employees

Further draft regulations have been published to extend redundancy protections to a wider category of employees. This extension will cover:

Pregnant employees.

Employees who have returned from statutory maternity or adoption leave.

Employees who have returned from at least 6 consecutive weeks of statutory shared parental leave (and are not already covered by maternity and adoption protection).

These changes will apply to pregnant employees from the point of informing their employer about their pregnancy and eligible parents returning from maternity, adoption, or shared parental leave for 18 months after the expected week of
childbirth, the placement date for adoption, or the child’s birth.

Employers should be aware of these changes when planning restructuring exercises involving potential redundancies.

Significant Immigration Changes

The Home Secretary has announced major changes to key immigration routes with the aim of reducing net migration. The notable changes for employers include:

The minimum salary threshold for the Skilled Worker route will increase from £26,200 to £38,700.

There will no longer be a 20% reduction to the Skilled Worker minimum salary threshold for jobs on the shortage occupations list.

Overseas care workers will no longer be able to bring dependents with them under the Health and Care Worker visa route, following a similar approach to that of students.

These changes are expected to take effect in spring 2024. Employers should factor them into their recruitment planning and consider sponsoring workers at an earlier stage, or for a longer period, to adhere to existing lower salary thresholds.

Down by Law

Statement to members for period ended 31 December 2022

as required by section 32a of trade union and labour relations (consolidation) act 1992

Income and Expenditure

The total income of the union for the period was £17,023. This amount included payments of £15,871 in respect of membership income of the union. The union’s total expenditure for the period was £17,608.

Political Fund

The union does not maintain a Political Fund.

General Secretary Salary and Other benefits

The General Secretary of the union was paid £8,862 in respect of salary and £150 in respect of benefits.

Irregularity statement

A member who is concerned that some irregularity may be occurring, or have occurred, in the conduct of the financial affairs of the union may take steps with a view to investigating further, obtaining clarification and, if necessary, securing regularisation of that conduct.

The member may raise any such concern with such one or more of the following as it seems appropriate to raise it with: the officials of the union, the trustees of the property of the union, the auditor or auditors of the union, the Certification Officer (who is an independent officer appointed by the Secretary of State) and the police.

Where a member believes that the financial affairs of the union have been or are being conducted in breach of the law or in breach of the rules of the union and contemplates bringing civil proceedings against the union or responsible officials or trustees, he should consider obtaining independent legal advice.

You can read our full AR21 submission here

Solidarity: winning for members

Solidarity Reps work to win cases for members on all kinds of workplace issues. Here is a sample of our recent cases.

Getting a reasonable adjustment

A member who suffers from a medical condition was running into trouble with her manager for repeated sickness absences. Using the Company’s absence procedures, it looked like the member would be forced out on medical grounds or simply on a failure to work.Solidarity asked the member to contact her GP to see if her condition was in reality a disability. Her GP confirmed that. The Union pointed out that the Equalities Act expects disabled employees to be offered a ‘Reasonable Adjustment’ i.e., allowing or offering a way of working or specific equipment that will allow the employee to perform to the best of their ability. In this case the equipment as set up was aggravating a medical condition leading to sickness absence.

Adjustments (which were reasonable for both the individual and company) resolved the problem.

Assault allegation kicked out

A Solidarity member in the NHS was accused of assault. She was told it could amount to gross misconduct and he could lose his job. It became clear at the disciplinary that the hearing Chair had inappropriately spoken to witness. Our Rep pointed out this procedural flaw which resulted in the sanction being downgraded to a warning. On appeal our Rep was able to get the warning thrown out.

Accused of sexual harassment but mitigating factors put forward

In another NHS case a member was accused of sexual harassment of a patient. He was told he could lose his job. Our Rep, however, was able to point out mitigating circumstances and the insight practiced by the member with the result that the member received only a warning.Half pay on sickness restored to full payA member was moved onto half pay during a sickness absence caused by the inaction of management in dealing with work stress. Solidarity was able to persuade the company to pay full pay in back pay for the period in question.

Attempts to kick out a discrimination case foiled

An attempt to kick out a discrimination claim on behalf of a member at a Preliminary hearing was foiled by our General Secretary. An attempt to say that the wrong company had been named as the employer was abandoned by the Barrister representing the employer as a result of evidence of the links between the various companies involved. The Barrister had to clarify which company was the employer and to accept the substitution of their name on the paperwork. The case will now go forward to a five-day tribunal hearing unless a settlement can be agreed.