Employment law round-up: June 2026

With no key Employment Rights Act changes set to come into effect in June, this month’s focus has been on government consultations on the finer details of the landmark Act.

Several consultations have been launched which show where things are heading, particularly in relation to zero-hours contracts, carers’ rights and NDAs. At the same time, new data on tribunal claims highlights the practical reality that workplace disputes are increasing and taking longer to resolve.

With this in mind, the direction of travel appears to be more certainty for workers and more responsibility for employers. This is, therefore, a good time to review current employment practices and to prepare for the upcoming changes.

Ending one-sided flexibility: reforms of zero hours and similar contracts

Having committed to ending one-sided flexibility and ensuring that all employers provide some security and predictability, on 2 June 2026, the government opened its consultation ‘Make Work Pay: ending one-sided flexibility – reforms of zero hours and similar’. This runs until 25 August 2026.

The consultation document acknowledges that some workers do “need and value the flexibility that a zero-hour contract can provide”, confirming that there are no plans to ban zero-hours contracts. The focus is on reducing unpredictable working patterns, with proposals including a right to guaranteed hours based on what someone has actually worked, a right to reasonable notice of shifts and compensation where shifts are cancelled or changed at short notice. The current proposal is to use a 12-week reference period to calculate average hours.

In practice, this will affect how businesses organise their workforce. Employers who rely on casual or seasonal staff should start reviewing how they track hours and manage shift changes. Flexibility is still possible, but it will need to be more organised and easier to justify.

The consultation paper gives no expected date for implementation of the eventual regulations, although the government previously suggested that the measures will come into force in 2027. Responses can be submitted here.

Employment rights for unpaid carers and parents of seriously ill children

On 9 June 2026, the government launched a consultation on rights for unpaid carers and parents of seriously ill children, closing on 1 September 2026. The consultation seeks views on the information available to support unpaid carers, the potential need for further support and the forms of support that would be helpful for both unpaid carers and parents with a seriously ill child.

The proposals include introducing paid carer’s leave, giving carers a right to return to the same or an equivalent role after time off and improving workplace guidance and support. Around three million people in the UK are currently balancing work with caring responsibilities, and many reduce their hours or leave employment as a result.

Although these changes aren’t yet in force, they point to a clear shift. Employers should start thinking about whether their current approach to carers works in practice, not just on paper. Responses can be submitted here.

NDAs: tighter rules in harassment and discrimination cases

The ongoing consultation on the use of NDAs in harassment and discrimination cases closes on 8 July 2026.

The proposed changes would mean that clauses preventing workers from speaking about harassment or discrimination will be void unless strict conditions are met. These are likely to include independent legal advice and clear agreement from the worker, with impacted individuals being permitted to speak to certain people, such as lawyers or medical professionals, regardless of what the NDA says.

This doesn’t mean confidentiality is disappearing altogether. However, it does mean that NDAs will be more limited and more carefully scrutinised. Employers should review their settlement agreements and avoid overly broad wording that could be seen as preventing legitimate disclosures. Responses can be submitted here.

Employment Tribunal claims: sharp rise in June statistics

The latest Employment Tribunal statistics, published in June 2026, confirm that workplace disputes are increasing and the system is under pressure.

Figures covering January to March 2026 show a significant rise in claims. The backlog of open single claims has surged by 55% year-on-year, reaching an unprecedented high of roughly 64,000 unresolved cases. At the same time, the number of unresolved cases continues to grow because tribunals are simply not keeping pace with demand. More claims are being issued than resolved, which is adding to delays and extending the lifespan of disputes.

The types of claims being brought are broadly consistent. Unfair dismissal remains the most common, appearing in around half of new cases, while discrimination and whistleblowing claims are rising at a faster rate.

In practical terms, this increases the overall risk for employers. Even well-managed businesses are more likely to face claims in a higher-volume environment. It also means disputes are likely to be longer and more resource intensive. Getting the basics right – fair process, clear documentation and consistent decision-making – is more important than ever. Resolving issues early will often be the most effective way to manage risk in a system that’s becoming increasingly stretched.

Case law update: ‘protected conversations’ under scrutiny

A recent Employment Appeal Tribunal (EAT) decision, Tarbuc v Martello Piling Ltd [2026], looks at how ‘protected conversations’ should be handled.

In this case, the employee argued that a settlement discussion was unfair because it had been arranged without notice, he wasn’t allowed a companion and he felt under pressure. The employer argued that the conversation was protected and couldn’t be relied on in an unfair dismissal claim.

However, the EAT said the tribunal had taken too narrow an approach. It should have looked not just at what was said, but also at how the meeting was arranged and the wider context. Crucially, the EAT reaffirmed that section 111A statutory protection is strictly limited to ordinary unfair dismissal claims. It can’t be used as a blanket shield to exclude evidence relating to claims like discrimination or unlawful deductions from wages.

The practical point is that these conversations are not risk-free. If handled badly, they may still be challenged. Employers should approach them carefully, ensuring the process is fair as well as the outcome.