In part 1 of this blog about what we should expect from the Employment Rights Act the discussion outlined the new legislation and changes. This second part is concerned more about how those changes play out in practical day-to-day management. After all, policies, however well written, do not implement themselves.

Ultimately, it is managers, often busy, sometimes undertrained, and occasionally improvising, who translate legislation into action. And under the Employment Rights Act, that translation will need to be precise.

To briefly recap, organisations are now operating in an environment where recruitment must be demonstrably fair, flexible working rights begin immediately, sick pay entitlement starts from day one, and the window for safely assessing new employees has narrowed significantly.

Add to that, increased obligations around harassment and record-keeping, and it is clear that we need a rapid evolution in the role of the manager. It is no longer sufficient to “manage by instinct.” Decisions must be informed, consistent, and defensible.

Appropriate training will become more than just beneficial, but essential. To mitigate risk, managers who are responsible for recruitment decisions, performance management, or handling workplace issues must have a working understanding of employment law.

This is not about turning them into legal experts, but about ensuring they recognise risk, follow correct procedures, and understand the implications of their actions. Employment law, after all, is shaped by precedent. Cases brought today become the reference points for tomorrow. Few organisations set out to become landmark examples, and I suspect, fewer still enjoy the experience.

Knowledge alone will not be enough. Managers must also be given the time to apply it.

One of the more persistent organisational challenges is the expectation that managers will deliver operational results while simultaneously managing people effectively, often without additional capacity. The reality is that good people management takes time: time to hold meaningful conversations, to document decisions, to reflect before acting. When time is compromised, shortcuts are taken, and it is in those shortcuts that risks can arise.

Consistency is another critical factor. Fair treatment is not simply about intent; it is about evidence. If similar situations are handled differently, organisations must be able to explain why. This is where structured processes and documentation become invaluable. Standardised forms for events like return-to-work interviews, probation reviews, and performance discussions are not administrative burdens but safeguards. They ensure that key steps are not missed and that decisions are recorded clearly.

Increasingly, organisations are also turning to digital systems that log meetings, flag missed reviews, and provide oversight to HR teams. While this may feel like an escalation in process, it reflects a necessity. After all, what cannot be demonstrated cannot be defended.

The importance of probation management, in particular, cannot be overstated. With only a limited period to assess suitability, managers must engage actively from the outset. Expectations should be clear, feedback regular, and any concerns addressed promptly. Weekly or bi-weekly check-ins, supported by documented outcomes, will go beyond being best practice and become essential practice. Missing a probation review will no longer be a minor oversight; it may amount to a missed opportunity to act within a safe timeframe.

Perhaps the most nuanced area for managers to navigate is behaviour in the workplace, particularly in relation to harassment. The legal framework makes it clear that the impact of a comment or action, the way it is received, outweighs the intent behind it. This requires a shift in perspective.

Behaviour that might once have been dismissed as harmless banter may now be recognised as inappropriate or even harmful. Managers must be alert to this, prepared to intervene early, and be capable of handling concerns sensitively and appropriately. In some environments, this may require a cultural adjustment; one that prioritises respect and awareness over tradition and informality.

As we have alluded to, underlying all of this is the need for robust record-keeping. Documentation provides the narrative that supports decisions. It captures not only what happened, but why it happened. Without it, organisations are left relying on recollection and assumption, neither of which will carry much weight in formal proceedings. Managers should be encouraged, and equipped, to record key interactions, decisions, and outcomes consistently.

Not every detail of the Employment Rights Bill has yet been fully defined. Secondary legislation and ongoing consultation will continue to shape its application. However, this should not be mistaken for a reason to delay. Waiting for absolute clarity is rarely a successful compliance strategy. Tribunals are unlikely to be sympathetic to organisations that simply failed to prepare.

The more effective approach is to act now: to invest in management training, to strengthen processes, and to support managers in carrying out their responsibilities with confidence and consistency. Organisations that do so will not only reduce their exposure to risk, but also create environments where employees are treated fairly and engaged more effectively.

HR Champions offers a comprehensive range of training programmes designed to support exactly this transition. We recommend one of our bespoke, tailored in-house programmes, or:

• ILM Level 2 – For new or aspiring managers
  
  
• ILM Level 3 – For experienced managers making higher-level decisions
  
  
• ILM Team Member – For all employees
  
  
• ILM HR for Non-HR Managers – Bridging the knowledge gap
  
  
• Introduction to Employment Law – For HR professionals and decision-makers
  
  
• Dignity at Work – Ensuring a respectful, compliant workplace

If there is a single takeaway from all of this, it is that employment law is no longer something that is left for someone else to do. It is active, evolving, and increasingly central to how organisations operate and the responsibility of everyone.

The question is not whether you can afford to invest in getting it right, but whether you can afford not to.

Now would be an excellent time to ensure your managers are prepared. Call us on 01452 331331, or complete the contact form.