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Articles by Ben Smith
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Kurt Alme
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Kurt Alme, Republican candidate for U.S. Senate
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Employment Rights Act 2025 Unfair Dismissal Deep Dive Part 2: Uncapped Awards and New Risks for Senior Employee Exits | JD Supra
How will the 1 January 2027 unfair dismissal reforms impact exits of senior employees or highly-paid employees with complex remuneration arrangements? At a Glance The Employment Rights Act 2025 ( ERA 2025) fundamentally reshapes the law around unfair dismissal, potentially radically changing employers' risks.
UK Employment Rights Act 2025 Unfair Dismissal Deep Dive Part 2: Uncapped Awards and New Risks for Senior Employee Exits
ASAP How will the January 1, 2027, unfair dismissal reforms impact exits of senior employees or highly paid employees with complex remuneration arrangements? By Ben Smith, David Cohen, and Rory Patterson September 10, 2026 1 minute read The UK Employment Rights Act 2025 (ERA 2025) fundamentally reshapes the law around unfair dismissal, potentially radically changing employers’ risks.
UK Employment Rights Act 2025: Preparing for January 2027
The Employment Rights Act 2025 represents one of the most significant changes to UK employment law in decades. With key reforms coming into force in January 2027, it is vital for employers to proactively assess the impact on their business. One fundamental shift is the reduction in the qualifying service requirement for ordinary unfair dismissal from two years to six months, alongside the removal of the cap on compensatory awards.
Employment tribunals risk being swamped by workers’ rights claims
Ben Smith comments on the impact of the Employment Rights Act of 2025 on dismissal proceedings. The Times View Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
UK Employment Rights Act 2025 Unfair Dismissal Deep Dive Part 1: Polkey in a World Without Caps
Removal of the Cap on Compensation Awards for Unfair Dismissal In most cases, there are two elements of compensation that may be payable to an employee who successfully claims for unfair dismissal: A basic award – Calculated on the basis of a statutory formula in a similar way to a statutory redundancy payment.
UK Employment Rights Act 2025: Preparing for Major Changes - Strategic Guidance for HR Leaders and Legal Counsel
The Employment Rights Bill finally became the Employment Rights Act 2025 on 18 December 2025. The Act contains the most significant changes to UK employment in decades, impacting all aspects of the employment relationship.
UK: Consultation on Proposed Reforms to SM&CR Regime for Regulated Firms | JD Supra
With consultation currently underway, find out the proposed reforms from HM Treasury, the FCA and the PRA. HM Treasury, the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) are currently consulting on a number of proposed changes to the Senior Manager & Certification Regime (SM&CR), with consultations due to close in early October.
UK: Consultation on Proposed Reforms to SM&CR Regime for Regulated Firms
HM Treasury, the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) are currently consulting on a number of proposed changes to the Senior Manager & Certification Regime (SM&CR), with consultations due to close in early October. The proposed changes are largely aimed at simplifying requirements and reducing the regulatory burden on firms, while maintaining effectiveness in the regulatory regime. Reforms will take place in two phases.
UK Tribunal Decision Opens Door to Expansion of Employer Liability for Deductions from Wages Claims | JD Supra
A recent Tribunal decision in Afshar and others v. Addison Lee Ltd found that the two-year backstop on deductions from wages claims, which has been in force for nearly a decade, was void and the Claimants in that case could claim for more than two years of deductions. By way of very brief background, in 2014 Regulations were made in Great Britain (but not in Northern Ireland) placing a two-year backstop on claims for unlawful deductions from wages.
UK Tribunal Decision Opens Door to Expansion of Employer Liability for Deductions from Wages Claims
A recent Tribunal decision in Afshar and others v. Addison Lee Ltd found that the two-year backstop on deductions from wages claims, which has been in force for nearly a decade, was void and the Claimants in that case could claim for more than two years of deductions. By way of very brief background, in 2014 Regulations were made in Great Britain (but not in Northern Ireland) placing a two-year backstop on claims for unlawful deductions from wages.
UK Tribunal Decision Opens Door to Expansion of Employer Liability for Deductions from Wages Claims
A recent Tribunal decision in Afshar and others v. Addison Lee Ltd found that the two-year backstop on deductions from wages claims, which has been in force for nearly a decade, was void and the Claimants in that case could claim for more than two years of deductions. By way of very brief background, in 2014 Regulations were made in Great Britain (but not in Northern Ireland) placing a two-year backstop on claims for unlawful deductions from wages.
UK: New Rights to Neonatal Care Leave and Pay Take Effect on April 6, 2025 | JD Supra
The UK Government has confirmed that new rights to statutory neonatal care leave (SNCL) and pay (SNCP) will come into effect from April 6, 2025. This gives employees who have a qualifying relationship with a child born on or after April 6, 2025 and who are receiving neonatal care an entitlement to take up to 12 weeks of SNCL and, subject to meeting additional eligibility criteria, SNCP (at the usual statutory rate for family leave). The rules are particularly complex.
UK: New Rights to Neonatal Care Leave and Pay Take Effect on April 6, 2025
The UK Government has confirmed that new rights to statutory neonatal care leave (SNCL) and pay (SNCP) will come into effect from April 6, 2025. This gives employees who have a qualifying relationship with a child born on or after April 6, 2025 and who are receiving neonatal care an entitlement to take up to 12 weeks of SNCL and, subject to meeting additional eligibility criteria, SNCP (at the usual statutory rate for family leave). The rules are particularly complex.
UK Government Seeks to Extend Tribunal Claim Limitation Periods from 3 to 6 Months | JD Supra
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UK Autumn Budget 2024: Key Points for Employers | JD Supra
On October 30, 2024, the UK Government set out the Autumn Budget with changes to the minimum wage, employer National Insurance Contributions, and the taxation of umbrella companies. Overall, it does not represent a significant change for employers, with the most significant change being the increase in employer National Insurance Contributions to 15%. We break down the key points for employers below.
UK Autumn Budget 2024: Key Points for Employers
On October 30, 2024, the UK Government set out the Autumn Budget with changes to the minimum wage, employer National Insurance Contributions, and the taxation of umbrella companies. Overall, it does not represent a significant change for employers, with the most significant change being the increase in employer National Insurance Contributions to 15%. We break down the key points for employers below.
Dallas Cowboys Cheerleaders and Equal Pay: What the Hit Netflix Show Tells UK Employers | JD Supra
The latest binge watch for many of us at GQ|Littler was the Netflix hit, “America’s Sweethearts: Dallas Cowboys Cheerleaders,” which follows a year in the life of NFL’s Dallas Cowboys cheerleading team.
Dallas Cowboys Cheerleaders and Equal Pay: What the Hit Netflix Show Tells UK Employers
The latest binge watch for many of us at GQ|Littler was the Netflix hit, “America’s Sweethearts: Dallas Cowboys Cheerleaders,” which follows a year in the life of NFL’s Dallas Cowboys cheerleading team.
Dallas Cowboys Cheerleaders and Equal Pay: What the Hit Netflix Show Tells UK Employers
The latest binge watch for many of us at GQ|Littler was the Netflix hit, “America’s Sweethearts: Dallas Cowboys Cheerleaders,” which follows a year in the life of NFL’s Dallas Cowboys cheerleading team.
UK: The Employment Rights Bill - Phase One of Employment Law Reform
UK Employment Rights Bill includes 28 individual employment law reforms. The Bill will now make its way through Parliament and may be amended along the way. This Insight summarizes key provisions of the Bill, when they would take effect, and what proposals did not make it into the 158-page document. The UK Government published its Employment Rights Bill (the “Bill”) within its 100-day deadline on October 10, 2024, announcing that it had unveiled significant reforms to employment rights.
(Allegedly) Criminal Employees: How to Handle the Related HR Issues in the UK | JD Supra
How should an employer respond when an employee is accused, charged, or convicted of a crime? Fortunately, this is not a day-to-day issue that HR teams tend to deal with, but when it does arise, it can raise complex employment law issues and employers may have a PR crisis on their hands.
(Allegedly) Criminal Employees: How to Handle the Related HR Issues in the UK
How should an employer respond when an employee is accused, charged, or convicted of a crime? Fortunately, this is not a day-to-day issue that HR teams tend to deal with, but when it does arise, it can raise complex employment law issues and employers may have a PR crisis on their hands.
(Allegedly) Criminal Employees: How to Handle the Related HR Issues in the UK
How should an employer respond when an employee is accused, charged, or convicted of a crime? Fortunately, this is not a day-to-day issue that HR teams tend to deal with, but when it does arise, it can raise complex employment law issues and employers may have a PR crisis on their hands.
UK: The King’s Speech and What it Means for Employment Law | JD Supra
The King’s Speech was delivered on July 17, setting forth the UK Government’s legislative agenda for the next Parliamentary Session. Highlights include the introduction of an Employment Rights Bill within the first 100 days, publication of a Draft Equality (Race and Disability) Bill, and a living wage that accounts for the current cost of living and eliminates age bands.
UK: The King’s Speech and What it Means for Employment Law
The King’s Speech was delivered on July 17, setting forth the UK Government’s legislative agenda for the next Parliamentary Session. Highlights include the introduction of an Employment Rights Bill within the first 100 days, publication of a Draft Equality (Race and Disability) Bill, and a living wage that accounts for the current cost of living and eliminates age bands.
UK: The King’s Speech and What it Means for Employment Law
The King’s Speech was delivered on July 17, setting forth the UK Government’s legislative agenda for the next Parliamentary Session. Highlights include the introduction of an Employment Rights Bill within the first 100 days, publication of a Draft Equality (Race and Disability) Bill, and a living wage that accounts for the current cost of living and eliminates age bands.
UK Election News: Labour – All “Change” for Employment Law | JD Supra
UK’s general election will take place on July 4, 2024. This Insight highlights key labor and employment proposals set forth by the Labour Party, which is the current political frontrunner. The UK general election on July 4 is inching nearer and the parties have launched their manifestos, setting out their plans for the next government.
UK Election News: Labour - All “Change” for Employment Law
UK’s general election will take place on July 4, 2024. This Insight highlights key labor and employment proposals set forth by the Labour Party, which is the current political frontrunner. The UK general election on July 4 is inching nearer and the parties have launched their manifestos, setting out their plans for the next government.
UK Election News: Labour - All “Change” for Employment Law
UK’s general election will take place on July 4, 2024. This Insight highlights key labor and employment proposals set forth by the Labour Party, which is the current political frontrunner. The UK general election on July 4 is inching nearer and the parties have launched their manifestos, setting out their plans for the next government.
UK: What Do Labour's Current Employment Law Proposals Mean for Employers? | JD Supra
With the UK general election approaching, this Insight discusses the potential implications of a Labour government on employment law in Great Britain. Key policy proposals include simplifying employment status; instituting “day one” rights; strengthening collective bargaining rights and reforming trade union laws; addressing disability, gender and ethnicity pay gaps; and introducing the “right to switch off,” among others.
UK: What Do Labour's Current Employment Law Proposals Mean for Employers?
With the UK general election approaching, this Insight discusses the potential implications of a Labour government on employment law in Great Britain. Key policy proposals include simplifying employment status; instituting “day one” rights; strengthening collective bargaining rights and reforming trade union laws; addressing disability, gender and ethnicity pay gaps; and introducing the “right to switch off,” among others.
UK: What Do Labour's Current Employment Law Proposals Mean for Employers?
With the UK general election approaching, this Insight discusses the potential implications of a Labour government on employment law in Great Britain. Key policy proposals include simplifying employment status; instituting “day one” rights; strengthening collective bargaining rights and reforming trade union laws; addressing disability, gender and ethnicity pay gaps; and introducing the “right to switch off,” among others.
UK: New Regulations Will Extend Current Redundancy Protections for Individuals Who Are Pregnant or on Maternity, Adoption, or Shared Parental Leave | JD Supra
[co-author: Hannah Drury]* Currently, employees in the UK on statutory maternity, adoption or shared parental leave who are at risk of redundancy have priority rights to be offered a suitable alternative vacancy (but only where such a vacancy exists). New regulations have been introduced to extend redundancy protections, both before (for pregnant employees only) and after the return to work.
UK: New Regulations Will Extend Current Redundancy Protections for Individuals Who Are Pregnant or on Maternity, Adoption, or Shared Parental Leave
Currently, employees in the UK on statutory maternity, adoption or shared parental leave who are at risk of redundancy have priority rights to be offered a suitable alternative vacancy (but only where such a vacancy exists). New regulations have been introduced to extend redundancy protections, both before (for pregnant employees only) and after the return to work.
UK: New Regulations Will Extend Current Redundancy Protections for Individuals Who Are Pregnant or on Maternity, Adoption, or Shared Parental Leave
Currently, employees in the UK on statutory maternity, adoption or shared parental leave who are at risk of redundancy have priority rights to be offered a suitable alternative vacancy (but only where such a vacancy exists). New regulations have been introduced to extend redundancy protections, both before (for pregnant employees only) and after the return to work.
Agnew: A New Headache for UK Employers? | JD Supra
The Supreme Court of the United Kingdom has recently decided the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others, a Northern Irish case that has been working its way through the courts since 2015. The decision has been long awaited given the potential implication for liability for claims for underpayment of holiday pay. We look at the implications for employers.
Just in Time for the Holidays: Big Changes in the Law of Holiday in the UK | JD Supra
There have been significant recent developments to the rules on annual leave, with a decision from the Supreme Court of the United Kingdom followed by the publication of the draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (the Employment Rights Regulations). We take a look at these regulations and what employers should be doing to prepare.
Just in Time for the Holidays: Big Changes in the Law of Holiday in the UK
There have been significant recent developments to the rules on annual leave, with a decision from the Supreme Court of the United Kingdom followed by the publication of the draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (the Employment Rights Regulations). We take a look at these regulations and what employers should be doing to prepare.
Agnew: A New Headache for UK Employers?
The Supreme Court of the United Kingdom has recently decided the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others, a Northern Irish case that has been working its way through the courts since 2015. The decision has been long awaited given the potential implication for liability for claims for underpayment of holiday pay. We look at the implications for employers.
Ben Smith (29 Points) VS Pennfield
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Just in Time for the Holidays: Big Changes in the Law of Holiday in the UK
There have been significant recent developments to the rules on annual leave, with a decision from the Supreme Court of the United Kingdom followed by the publication of the draft Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (the Employment Rights Regulations). We take a look at these regulations and what employers should be doing to prepare.
A Deep Dive into Recent Pension Tax Changes in the UK | JD Supra
In March, the UK government announced changes to the tax regime surrounding pensions as part of the annual Budget. In this piece, we take a deep dive into what these changes are, who they affect, what employers should be doing in response and ask: is this really a big deal? What is changing? Since 2006 there has been a concerted effort by the UK government to encourage saving into private pensions.
A Deep Dive into Recent Pension Tax Changes in the UK
In March, the UK government announced changes to the tax regime surrounding pensions as part of the annual Budget. In this piece, we take a deep dive into what these changes are, who they affect, what employers should be doing in response and ask: is this really a big deal? What is changing? Since 2006 there has been a concerted effort by the UK government to encourage saving into private pensions.
UK: April Updates to Statutory Rates | JD Supra
There have been several key announcements for HR practitioners in the UK to be aware of, including: a new minimum wage, increased statutory rates and limits, and the Spring 2023 Budget. Annual rates increases The usual annual updates to the statutory rates and limits will come into effect in early April. Here are the key changes: Budget On March 15, 2023, the Chancellor, Jeremy Hunt, delivered the UK government’s Budget.
UK: April Updates to Statutory Rates
There have been several key announcements for HR practitioners in the UK to be aware of, including: a new minimum wage, increased statutory rates and limits, and the Spring 2023 Budget. Annual rates increases The usual annual updates to the statutory rates and limits will come into effect in early April.
UK: Harpur Trust v Brazel and Holiday Pay | JD Supra
The Supreme Court of the United Kingdom has published its long-anticipated decision in Harpur Trust v Brazel confirming that paid holiday for part-year employees/workers on permanent contracts must not be pro-rated.
All Remaining COVID Restrictions in England to Be Lifted in Coming Weeks | JD Supra
This week the UK government announced that the majority of remaining COVID restrictions will be lifted in England over the coming weeks. This affects self-isolation, sick pay, access to free testing, workplace health and safety, and more. These are big changes that move England back to the pre-COVID status quo (for the most part) so employers should take heed and update policies accordingly, in particular policies dealing with workplace attendance and self-isolation.
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