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Tribal People Solutions Blog Update Novemeber 2026

As we move towards the end of the year, employers are facing a range of upcoming legislative changes, evolving workplace responsibilities and practical business challenges. From changes to unfair dismissal rules and zero-hours contracts, to Christmas party compliance, payroll planning and recruitment best practice, now is a good time to review your policies, processes and plans for the months ahead.

Here's a round-up of the latest developments and key considerations for businesses.

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Unfair Dismissal Changes

What the new uncapped unfair dismissal compensation means for your business.

 

From January, dismissing someone and putting them back on worse terms will be automatically unfair. No qualifying service needed or cap on the compensation a tribunal can award.

Most small business owners aren't aware when they're "firing and rehiring". But that's what it's called when you end someone's contract and offer them a new one with worse terms.

January's new rules cover changes to pay, working hours, time off and pensions. If the employee doesn't agree to the change and you dismiss them to push it through, that's automatically unfair from January.

There is one exception, but it's narrow. You would need to show your business was facing genuine financial distress that threatened its survival and that there was no other reasonable way to avoid it. "We needed to save money" won't be enough.

If you've changed anyone's terms recently by ending one contract and starting another, or if you're planning to, review those arrangements before January. If in doubt, get advice before you act.

Zero-hours contracts

Zero-hours contract consultation: What employers need to know.

 

The government has closed its consultation on new rules for zero-hours and low-hours contracts, with changes expected to take effect in 2027.

Under the proposals, employers will have to offer qualifying workers a guaranteed-hours contract that reflects the hours they actually work over a reference period, likely 12 weeks. Workers can turn down the offer and stay on their current arrangement.

New rights to a reasonable notice of shifts and compensation for last-minute cancellations are also part of the package.

The final details are still being worked out, including the threshold for low-hours contracts (the government's preference is somewhere between 8 and 20 hours per week).

If you use zero-hours, casual or bank staff, now is a good time to audit those arrangements and get a picture of who would be affected.

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Christmas Party Compliance

Your Christmas party is now a harassment compliance test.

 

This is the first Christmas party season since the harassment duty changed in October. If something goes wrong at your work event and you can't show that you took all reasonable steps to prevent it, you'll be liable.

Two things changed in October 2026. The duty to prevent sexual harassment upgraded from "reasonable steps" to "all reasonable steps". And employers are now liable for harassment of their staff by third parties, including customers, clients, contractors and anyone else at the event.

A work Christmas party is a work event. This means that everything that happens there, including what your staff say to each other and what guests or plus-ones say to your team, falls under your responsibility.

 

What a tribunal will ask is what you did beforehand to prevent it. So here are four things worth putting in place before any social event this season.

 

These steps won't guarantee that you're covered, but they go a long way toward showing a tribunal that you took the duty seriously.

1. Do a brief written risk assessment. Even a one-page document is enough, as long as it exists and you've acted on it

2. Brief your managers on what to look out for and how to respond if something happens.

3. Make sure that there is a clear way for staff to report an incident, including outside normal working hours.

4. Follow up after the event. If something is reported, act on it.

Employee Dismissal Case

Employee on medication dismissed for being "under the influence".

 

An employee with bipolar disorder took her usual medication at lunchtime rather than the evening. Within an hour, she experienced drowsiness, confusion and impaired speech, and fell asleep at her desk. Three colleagues witnessed it. Nobody asked if she was OK.

The next day, she was suspended for being "under the influence". She was later dismissed for gross misconduct.

The tribunal found that the investigation was "seriously flawed". The employer never contacted the café she'd visited at lunch (which doesn't serve alcohol), never asked about her medication and never explored any alternative explanation. The judge said no reasonable employer would have dismissed in those circumstances.

The employee was awarded nearly £50,000.

If someone in your team is behaving unusually, the first question should be whether they're alright. There may be a medical explanation and jumping straight to misconduct without investigating properly can turn a single incident into a very costly one.

Acas Code Update

Acas is rewriting its disciplinary and grievance code for the first time since 2009.

 

Acas has consulted on a full rewrite of its Code of Practice on disciplinary and grievance procedures. The consultation closed in September and the final version hasn't been published yet, but the direction of travel is clear.

The biggest change is that informal resolution is being brought into the statutory code for the first time.

Right now, the suggestion to try resolving things informally sits in the foreword, which tribunals don't have to consider. Under the new draft, it becomes part of the code itself. This means that if you skip straight to a formal process without trying to sort things out informally first, a tribunal could take that into account when deciding compensation, including the 25% uplift.

If you're already having informal conversations when issues come up, you're ahead of this. Just make sure that you're writing them down, even briefly. A conversation you can't evidence is a conversation that didn't happen.

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Christmas Payroll Planning

With the festive season approaching, now is a good time to review your payroll arrangements ahead of the Christmas break. Bank holidays, annual leave and office closures can all affect normal processing schedules, so a little forward planning can help avoid unnecessary last-minute pressure.

 

Check your December payroll deadlines, confirm any changes to working hours or overtime, and make sure arrangements are in place for any festive bonuses or early wage payments. If you use an external payroll provider, remember to check their submission deadlines too.

 

Planning ahead helps ensure employees are paid accurately and on time, leaving everyone free to enjoy the festive season!

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Hiring on CV alone? You could be missing a trick!

The right person for the job isn’t always the person with the best CV.

Qualifications and experience matter, of course. But how someone communicates, makes decisions, handles pressure and works with others can be just as important to their success in a role.

 

That’s where DISC profiling can help.

 

So, what is DISC?

 

DISC is a simple behavioural profiling tool that helps us understand how people tend to behave and communicate at work. It looks at four broad styles:

 

    • D – Dominance: Direct, decisive and results-focused.
    • I – Influence: Sociable, enthusiastic and persuasive.
    • S – Steadiness: Patient, supportive and consistent.
    • C – Conscientiousness: Analytical, organised and detail-focused.

Most people are a blend of these styles, and none is inherently better than another. The value comes from understanding how someone naturally approaches work, what motivates them and where they might need support.

 

And what about emotional intelligence?

 

Emotional intelligence (EI) is our ability to recognise and manage our own emotions, understand other people's feelings and adapt how we respond.

 

Think about a manager who needs to give difficult feedback, a customer-facing employee dealing with a complaint, or a team leader bringing different personalities together. Technical knowledge is important, but so is how they handle those situations.

 

Understanding behavioural preferences and developing emotional intelligence can help people communicate better, manage relationships and work more effectively together.

 

What does this mean for your bottom line?

 

Getting recruitment wrong can be expensive. There’s the cost of advertising, interviews, onboarding, training and potentially starting the whole process again. There’s also the less visible impact on team morale, productivity and customer service.

 

DISC can add another layer to your recruitment process by helping you explore whether a candidate’s behavioural preferences fit the demands of the role and the environment they’ll be working in.

It can also help you ask better interview questions, understand potential strengths and identify areas to explore further.

 

The important bit? DISC shouldn't decide who gets the job. It isn't a measure of intelligence, competence or emotional intelligence, and it shouldn't be used to label candidates or rule them out. Used alongside structured interviews, skills assessments and relevant experience, it can support a more consistent and objective recruitment decision.

 

Curious about what DISC could tell you about your next hire?

 

We can help you look beyond the CV, understand what your role really needs and build a recruitment process that gives you a better chance of finding the right person.

 

Because recruitment isn't just about filling a vacancy. It's about finding someone who can make a real difference to your business.

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Health & Safety Actions

Routine inspections, audits and risk assessments play an essential role in identifying workplace health & safety risks. However, identifying an issue is only the first step, and the actions following an inspection are equally important.

 

Outstanding remedial actions, whether relating to fire safety, electrical systems or general workplace hazards, can leave organisations exposed to ongoing risks, which could lead to accidents, non-compliance, or other serious consequences.

 

To effectively manage your remedial actions, clear communication across a business is vital. This involves ensuring the relevant teams are made aware of identified issues, responsibilities are clearly assigned, and actions are prioritised according to risk.

 

If you regularly monitor progress and deadlines, you can help prevent important remedial actions from being overlooked or delayed.

 

Maintaining a centralised record of outstanding actions, responsibilities and completion evidence can help organisations improve accountability, maintain oversight and ensure identified risks are appropriately addressed.

Your top HR questions

Can I still make someone redundant and offer them a different role? 

Yes, genuine redundancy is still lawful.

But, from January 2027, if you dismiss someone and offer them a substantially similar role on worse terms, that could be reclassified as fire and rehire, which is automatically unfair.

The key question is whether the new role is genuinely different or just the old one with worse pay or conditions. Document your business rationale, consult properly and take advice before acting.

 

Do I need to do a risk assessment before our Christmas party?

Yes. Since October, the harassment duty requires you to take "all reasonable steps" to prevent harassment and a work social event counts as a work event.

If something happens and you have no risk assessment, you have no defence. It doesn't need to be long.

Cover the basics: alcohol, mixed attendees, such as clients or suppliers, venue layout, how staff can report an incident and which managers are briefed. Keep a copy

What should I do if an employee tells me that they are experiencing domestic abuse?

There's no legal requirement to have a standalone domestic abuse policy, but your duty of care and health and safety obligations still apply.

Respond sensitively and offer confidentiality. Consider whether reasonable adjustments would help, such as flexible hours, changed contact details or a safe working arrangement. Signpost specialist support services. If your managers haven't been trained on how to handle a disclosure like this, that's worth addressing.

Need a confidential chat?

If you have a problem brewing in your business, you're worried about something or you simply need some expert HR support then please get in touch with us for a confidential chat.


A quick conversation could save you from a very costly mistake and we could give you the clarity you need to decide your next steps with confidence.


Whether you're a new or existing client, we offer a free 30 min chat (without any obligation to buy from us in the future).



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