Employment Law - 2026 Virtual Conference

Introduction

Employment law continues to evolve at pace, creating new pressures for employers and new challenges for those advising them.

Chaired by David Reade KC, this event brings together leading practitioners to examine the developments that are shaping the year ahead, from shifting tribunal trends to the changing boundaries of discrimination law, the impact of new legislation on industrial action, and the growing influence of neurodiversity and technology in workplace disputes.

This programme offers a forward looking view of the issues that matter most to organisations and their advisers in 2026.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10am-11am: Employment Litigation Trends 2025-26: What’s Coming Through the Tribunals?

David Reade KC, Littleton Chambers

A glance into the crystal ball.

This session will explore the effect of day one rights and the removal of the compensation cap in unfair dismissal claims along with:

• Growing numbers of claims related to neurodiversity and mental health
• AI use by claimants in the formulation of grievances and claims
• AI use by employers in recruitment or performance management as the basis for claims
• Collective redundancy claims with changed definitions and awards
• Disputes over changes in terms and the structure for ‘fire and rehire’
• Litigation over ‘Zero Hour’ contract rights
• Busy, busy, busy but delays, delays, delays
• Planning to meet future work demands/opportunities
• Looking ahead to advise clients on their changing rights and responsibilities

Morning Break

11:10am-12:10pm: Religion and Belief Discrimination: Key Issues and Practical Guidance

Sarah Fraser-Butlin KC, Cloisters

In this session, Sarah Fraser Butlin KC will explore the issues involved religion and belief discrimination claims, ranging from what a protected belief is, how to analyse direct discrimination and manifestations of belief and providing some practical tips and tricks in these complex and contentious cases.

Learning outcomes:

• Understanding what a protected belief is and the relevant factors to consider
• Being able to analyse when action is direct discrimination because of religion or belief
• Practical tips on managing these sensitive issues in the workplace

12:10pm-1:10pm: The Future of Industrial Action: Navigating the New Framework

Douglas Leach, Guildhall Chambers,/p>

The Employment Rights Act 2025 received royal assent on 18 December 2025, and provides for a number of significant changes to the legal landscape relating to industrial action. Several measures came into force on 18 February 2026 but others are anticipated to do so later in 2026. It will be important for employers to have a firm grounding in the difference the changes will make to the prospects of restraining industrial action, so as to inform the response to proposed action and negotiations with unions. Equally for unions, a full understanding of the formal requirements that will need to be met in order to enjoy immunity from suit will be essential.

Learning outcomes:

• The essentials of the law relating to industrial action, including the significance of compliance with balloting requirements and other formalities
• What changes to the law were heralded by the Employment Rights Act 2025
• What the practical implications of those changes will be for the conduct and resistance of industrial action in future
• How the effects of industrial action can be legitimately mitigated
• The timeline for implementation of remaining new measures

Break for lunch

2-3pm: Neurodiversity, Misconduct and Capability: Lessons from Steadman, McQueen, Khorram and Saunders

Paul Jennings, Bates Wells Braithwaite

This session looks at the often difficult overlap between neurodiversity, misconduct and capability and what employers and advisers can learn from Steadman, McQueen, Coram and Saunders. We will explore how tribunals assess issues related to conduct (or performance concerns) that may be linked to a neurodivergent condition. The focus will be on the legal principles emerging from these recent cases, together with the practical lessons for adjustments, risk assessment and decision-making.

This session will enable delegates enable to:

• Understand the core principles governing misconduct and capability issues where a section 6 disability is in play
• Recognise when reasonable adjustments should be considered and the extent of the employer’s duty
• Apply practical steps to manage conduct and performance concerns fairly where neurodiversity may be relevant

Afternoon break

3:15-4:15pm: Whistleblowing in 2026

Rebecca Tuck KC, Cloisters

In the final quarter of 2025, 1796 claims for whistleblowing were presented to Employment Tribunals in England and Wales. In 2025 the FCA received over 1100 reports of whistleblowing, almost 50% of which resulted in regulatory action. In addition, the continued spotlight on legislative steps to prevent sexual harassment led, from April 2026, to reporting such incidents being expressly included as a ground for making a protected disclosure.

Meanwhile, the Wicked Vision will be heard by the Supreme Court (sitting in Glasgow) in 2026, to consider whether the “detriment” of dismissal can be brought against co-workers.

This session will consider:

• The changing legal landscape - key statutory developments and how the Employment Rights Act 2025 is reshaping whistleblowing protections in practice
• Recent appellate guidance unpacked - what the Court of Appeal and EAT have clarified (and left unresolved) on public interest, detriment, and dismissal
• Sexual harassment as whistleblowing - how the new express protection alters risk, strategy, and internal reporting frameworks
• Dismissal, detriment and dual claims - navigating overlapping ERA causes of action and the continuing impact of Osipov-line authorities
• What’s coming next?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.