Loughborough UCU

Tag: Employment Rights

  • Big Changes in UK Employment Law

    Big changes have begun in UK employment law, with a new wave in April 2026, marking the most significant shift in workplace rights in over a decade. 

    These changes are good news for employees all over the UK – though it is worth noting that in some cases existing university policies are already more generous. We are sharing these updates in partnership with Loughborough University and our sister campus unions UNISON and Unite the Union. Further changes are due to take place through the remainder of 2026 and 2027 and we will provide further updates as changes come in. 

    Here’s an overview of what has already changed: 

    1. Trade Union changes
      1. Minimum service level rules for strikes – now removed 
        Rules around ‘minimum service levels’ for strikes were removed on 18 December 2025. These rules were about minimising disruption when there’s a strike. 
      2. Increased dismissal protection for industrial action 
        From 18 February 2026, dismissal for taking part in industrial action became ‘automatically unfair’. This removed the 12-week limit for claiming unfair dismissal.  
      3. Trade union activity 
        From 18 February 2026: 
        The time needed to give notice of industrial action reduced to 10 days, instead of 14 days. 
        Picket supervisors are no longer required. 
        Industrial action mandates last for 12 months, instead of 6 months. 
        Industrial action and ballot notices were simplified. 
        Political fund rules changed. 
      4. Trade union ballots 
        From 18 February 2026: 
        The support threshold rule has been removed – this rule required at least 40% of the total eligible votes to support action. It applied to important public services. Public and private sector ballots now follow the same requirement – they only need more votes in favour of industrial action than against 
        The turnout threshold rules for industrial action ballots will remain until at least August 2026 – they require at least a 50% turnout for industrial action ballots  
    2. New Day One Rights for Key Types of Leave 
      From 6th April 2026, colleagues no longer need to have a minimum length of service to access: 
      Paternity leave – now a day one right 
      Unpaid Parental leave – also became a day one right 
      NB. Entitlement to Statutory Paternity Pay still requires 26 weeks’ service. 
    3. Bereaved Partner’s Leave 
      A new entitlement allows up to 52 weeks’ unpaid leave if the mother or primary adopter dies within the first year of the child’s life. 
    4. Statutory Sick Pay (SSP) changes
      From 6th April 2026:
      1. SSP is payable from day one – no more waiting days. 
      2. All colleagues qualify, as the Lower Earnings Limit was abolished. 
      3. SSP increased to £123.25 per week 
      4. This means every colleague, regardless of hours or earnings, gets day one sick pay support. 
    1. National Minimum & Statutory Pay Increases 
      From 1st April 2026: The National Living Wage (21+) rose to £12.71. 
      From 6th April 2026: Statutory family‑related pay increased to £194.32 per week (SMP, SAP etc.) 
      From 1st May 2026: Loughborough University are committed to paying the Voluntary Real Living Wage to support colleagues to meet the true cost of living.  The Real Living Wage increases to £13.45.  In addition, the University also pays a Loughborough Real Living wage supplement to address pay compression in the lower grades. 
    1. Bereavement Leave Becomes a Day‑One Right 
      All colleagues will gain a day‑one right to at least one week of unpaid bereavement leave, including for pregnancy loss before 24 weeks. 
    2. Redundancy Consultation  
      The maximum protective award for failing to collectively consult is doubling to 180 days’ pay: a significant increase that places greater emphasis on proper consultation (up from 90 days previously). 
    3. Establishment of the Fair Work Agency 
      A new enforcement body, the Fair Work Agency, launched on 7 April 2026.  The Fair Work Agency is a new UK employment rights enforcement body launched in early April, and its role is to strengthen compliance and provide a single, more effective regulator for workplace rights.
    4. Sexual Harassment and Whistleblowing 
      From April, any disclosure relating to sexual harassment automatically counts as a protected whistleblowing disclosure, giving colleagues stronger safeguards when raising concerns. 

  • The Employment Rights Act 2025: What It Means for You

    The Employment Rights Bill became law on 18 December 2025. Its changes are being rolled out in stages through 2026 and 2027, and many of them are directly relevant to UCU members at Loughborough.

    What’s Already Changed

    The most significant early changes are good news for workers taking industrial action. Dismissal for taking part in industrial action is now automatically unfair, with the previous 12-week limit removed. The minimum service level rules for strikes, which allowed employers to compel workers to work during strike action, were scrapped on 18 December 2025.

    For union organisation, the notice period for industrial action has been cut from 14 days to 10, industrial action mandates now last 12 months rather than 6, and picket supervisors are no longer required. Crucially, the rule requiring 40% of eligible members to support action, which applied to important public services, has been removed. Ballots now simply require more votes in favour than against.

    April 2026

    From 6 April 2026, statutory sick pay will be paid from the first day of illness rather than the fourth, and the lower earnings limit for eligibility will be removed. Paternity leave and unpaid parental leave will become day one rights, removing the current qualifying period of 26 weeks and one year respectively.

    The maximum protective award for failure to properly consult in a collective redundancy will double from 90 to 180 days’ pay, a significant strengthening of members’ rights in redundancy situations.

    October 2026

    Employers will be required to inform workers of their right to join a trade union, and union representatives will gain a new right to reasonable accommodation and facilities for carrying out their duties. Union equality representatives will also gain a right to time off for their duties.

    The time limit for making an employment tribunal claim will increase from 3 months to 6 months, an important practical improvement for members considering legal action.

    Workers taking industrial action will also gain protection against detriment, being treated less favourably by their employer, in addition to the existing unfair dismissal protection.

    January 2027

    Protection from unfair dismissal will become a right after just 6 months in a job, down from the current two-year qualifying period. This is a major change that will give far more workers the confidence to raise concerns without fear of dismissal.

    “Fire and rehire”, dismissing staff and re-engaging them on worse terms, will become automatically unfair dismissal in most cases.

    Later in 2027

    Workers on zero-hours and low-hours contracts will gain the right to guaranteed hours if they want them, and workers will have the right to compensation if a shift is cancelled, moved, or cut short. Protections for pregnant workers and those returning from maternity leave will be strengthened, and a new right to statutory bereavement leave will be introduced.

    This is a significant package of reforms, and UCU will be monitoring implementation closely. If you have questions about how any of these changes affect your employment at Loughborough, please contact your School/department/service representative or the LUCU committee at UCU@Lboro.ac.uk

    Further reading: ACAS Summary of Changes to Employment Rights Act 2025

  • What is a Protected Conversation?

    Protected conversations, formally known as “pre-termination negotiations” under Section 111A of the Employment Rights Act 1996, are confidential discussions between employers and employees about terminating employment, with a settlement offer often on the table. These discussions are “protected” because evidence of them cannot be used in an unfair dismissal claim. The purpose is to encourage open communication and explore potential solutions before formal termination. 

    As an employee, understanding this legal concept gives you important leverage. When your employer initiates a protected conversation, you gain the chance to negotiate favourable severance terms without going through lengthy performance management or redundancy processes. You can speak candidly about your expectations regarding notice periods, financial compensation, and references without these discussions prejudicing your position.

    Confidentiality is a crucial aspect of protected conversations. The content of these discussions is legally privileged, meaning neither party can disclose the details in subsequent tribunal proceedings for ordinary unfair dismissal claims. The protection only covers ordinary unfair dismissal claims—not discrimination or whistleblowing issues. The protection does not apply if the employer engages in threatening behaviour, applies undue pressure, or makes discriminatory comments, meaning that you would still be able to seek redress in an employment tribunal.

    Many employers will also request that employees maintain confidentiality about the content of these negotiations, particularly while still employed. There is no legal requirement for you to keep the existence of a protected conversation confidential. Settlement agreements resulting from these conversations do typically include confidentiality clauses restricting what you can share about the terms and circumstances of your departure.

    A protected conversation invitation doesn’t mean you need to make immediate decisions. You have the right to take time to consider what’s being proposed. While the conversation itself may feel pressured, you can request time to reflect on any offers or suggestions before responding.

    Confidentiality works in your favour too. The content of these discussions is legally privileged, meaning your employer cannot use what you say against you in an ordinary unfair dismissal claim. This creates space for you to express your thoughts and concerns more openly than you might in regular workplace discussions.

    You’re entitled to bring a companion (a colleague or union representative) to protected conversations. Having someone else present can help manage anxiety and ensure you don’t miss important details. Additionally, seeking legal advice before finalizing any agreement is not just advisable—it’s often a requirement for settlement agreements to be binding.

    Remember that you remain in control of your decision. Despite the formal-sounding name, a protected conversation is ultimately just that—a conversation. You’re not obligated to accept any offer made, and the protection extends to the discussions themselves, not the outcome.