FAQs - July 2026

Last reviewed: 15.07.2026

  1. Do we have to provide payslips in paper format?

  2. Will fixed-term contracts fall within scope of the unfair dismissal reforms? 

  3. Do we have to investigate grievances raised by former employees?

  4. When will the new rules on electronic and workplace balloting for union ballots take effect?

  5. What was the outcome of the Government’s consultation on protection from detriments for taking industrial action?

Q&As


1. Do we have to provide payslips in paper format?

In short, an employer can provide digital payslips to workers rather than paper copies, as long as the content of the payslip meets the legal requirements set out in section 8 Employment Rights Act 1996 (the Act) (for example, includes details of gross pay, deductions, net pay, etc.) and the payslip is genuinely accessible to the worker. 

This issue came under scrutiny in the recent case of Leedham v Royal Mail Group. Mr Leedham worked for Royal Mail when it switched from paper to digital-only payslips. He brought a tribunal claim asserting that Royal Mail had breached its obligations to “give” him a payslip under the Act. 

The Employment Appeal Tribunal (EAT) rejected Mr Leedham’s claim, finding that the requirement under the Act that workers should be "given" a payslip should be interpreted purposively, not literally. It said that the purpose of the legislation was to ensure transparency of pay (i.e. to enable workers to understand how their pay had been calculated and whether any deductions had been made), so what mattered was whether the specific system the employer used to provide payslips met that purpose. On the facts of this case, workers could access Royal Mail’s system at no cost, and there was no coercion, cost barrier, or practical impediment. Mr Leedham owed a smartphone and could have accessed and printed the payslips for free at his local library, but he had chosen not to. 

This is a useful confirmation for employers that the requirement under the Act that a worker be "given" a written itemised pay statement does not require physical delivery and can be satisfied by making the statement accessible electronically. Notably, Government guidance states that employers can choose whether they provide printed or electronic (online) payslips. 

That said, the EAT in Leedham v Royal Mail Group emphasised that whether a particular payslip system is compliant will be fact-specific. It is also worth noting that Acas guidance advises that if a worker is unable to access their payslips online, their employer should provide them in a different format (for example paper copies).  

If you are a Make UK subscriber, you can speak to your regular adviser for guidance on pay related matters and access information our HR & Legal Resources. Our HR consultancy team also has a wealth of experience in this area.

If you are not a Make UK subscriber, you can contact us for further support. Please click here for information on how we can help your business.
 

2. Will fixed-term contracts fall within scope of the unfair dismissal reforms?

Yes, the reduction in the qualifying period for ordinary unfair dismissal claims from two years to six months from 1 January 2027, as outlined in the Unfair Dismissal: Spotlight in our Employment Rights Act 2025 Knowledge Base, will apply to all employees, including those on fixed-term contracts. 

In practice, this means that if an employee has acquired six months’ service by 1 January 2027 and you decide not to renew their fixed term contract, you will need to be able to show a potentially fair reason for dismissal, follow a fair dismissal procedure, and be able to show a tribunal (if the employee subsequently brings a claim) that you have acted within the range of reasonable responses in treating that reason as a sufficient reason for dismissal. This will require a shift in approach for employers, as the qualifying period for unfair dismissal is currently two years.

The exception to this is for a fixed-term employee who has been specifically recruited to replace an employee who is absent on family-related leave. Provided the fixed term employee has been informed in writing, at the outset, that their employment will be terminated when the person they have replaced resumes work, their dismissal will be deemed to have happened for the fair reason of “some other substantial reason”. It is therefore important that your written contracts and communications are clear in this regard. Speak with your Make UK adviser if you require assistance.

Keep in mind too that from 1 January 2027 the statutory cap on compensatory awards for unfair dismissal will be removed. This is a significant change which will increase the potential financial risk for employers if a fixed-term contract is not renewed fairly. 

To read more about how HR can prepare for the unfair dismissal reforms, see The new world of unfair dismissal: how can employers prepare?

We will be exploring the key changes under the Employment Rights Act – including unfair dismissal reforms – at our Employment Law Updates. To book your place, click here.

If you are a Make UK subscriber, you can speak to your regular adviser for guidance on dismissal matters and access information our HR & Legal Resources. Our HR consultancy team can also assist with dismissal related issues.

If you are not a Make UK subscriber, you can contact us for further support. Please click here for information on how we can help your business.
 

3. Do we have to investigate grievances raised by former employees? 

There is no rule requiring employers to investigate grievances that have been raised by former employees, but it is generally advisable to do so to mitigate against potential legal and reputational risks. Taking active steps to explore concerns that have been raised can prevent matters from escalating into tribunal claims (particularly where the concerns include possible discrimination, harassment or victimisation), as well as helping to protect your employer brand. 

Notably, the Acas Code of Practice on Disciplinary and Grievance Procedures does not exclude grievances from former employees, and the relevant definition of employee, in the Trade Union and Labour Relations (Consolidation) Act 1992, includes someone whose employment has ceased. There is also some case law which indicates that damages against an employer may be increased where it has failed to follow the Acas Code in respect of a grievance raised by a former employee. 

Accordingly, if you receive a grievance from a former employee, it is generally advisable to acknowledge receipt and deal with it in line with your normal grievance procedure. Keep in mind that sometimes employees do not feel comfortable raising a problem while they are in employment, and it is only once they leave that they feel able to speak up. Listening to former employees’ concerns can therefore help to address, for example, cultural issues within your organisation. That said, you can exercise some discretion over how much investigation you consider to be necessary. This is likely to vary depending on the concerns that have been raised (for example, if the concern raised by the former employee is minor, you may take the view that a brief internal review is sufficient).

If you are a Make UK subscriber, you can speak to your regular adviser for guidance on grievance related matters and access information our HR & Legal Resources. Our HR consultancy team also has a wealth of experience dealing with grievance related issues.

If you are not a Make UK subscriber, you can contact us for further support. Please click here for information on how we can help your business.
 

4. When will the new rules on electronic and workplace balloting for union ballots take effect?

According to the Government’s implementation roadmap, new rules on electronic and workplace balloting for statutory trade union ballots will take effect in August 2026. 

On 23 June 2026, the Government published its response to the consultation on electronic and workplace balloting for union ballots, which it undertook from November 2025 to January 2026. This response confirmed that the following three new voting methods will be introduced, in addition to postal ballots: electronic voting; hybrid voting; and workplace voting (the latter for industrial action ballots only). The Government has laid legislation before Parliament, together with an updated draft Code of Practice, to bring these changes into effect. 

The Government’s roadmap indicates that electronic and workplace balloting for recognition and derecognition ballots will come into effect in 2027.

These reforms are some of many trade union and industrial action related changes under the Employment Rights Act 2025 (see our Knowledge Base for further details). Our HR and legal experts have a wealth of experience in advising employers on trade union and industrial action related issues. For example, our HR consultants can work alongside your HR and leadership teams to support you with the following: 

  • Preparing for increased union access: Reviewing your current arrangements, designing compliant access processes, and supporting responses to union requests. 
     
  • Managing recognition activity and CAC processes: Practical support with recognition requests, bargaining units, ballots, and next steps following recognition. 
     
  • Collective bargaining and negotiations: Hands-on help with pay negotiations, collective discussions, and manager coaching during high-pressure conversations. 
     
  • Building manager and HR capability: Training and guidance to help managers and HR teams understand new rights, roles and expectations, and build confidence in negotiating and engaging with trade unions in practice (supported by Working Successfully With Trade Unions).
     
  • Identifying and managing industrial action risk: Early risk assessment, support with lawful responses, and clear communication planning.
     
  • Strengthening consultation and employee engagement: Advice on works councils, consultation structures, and addressing the issues that often sit behind union activity.

Please contact our HR consultancy team and/or click here if you would like support in this area.
 

5. What was the outcome of the Government’s consultation on protection from detriments for taking industrial action?

On 23 June 2026, the Government published its response to the consultation on protection from detriments for taking industrial action, which it undertook between February and April 2025. (The Employment Rights Act 2025 provides new protection for workers against detriments that they are subjected to by their employer to penalise, prevent or deter them from taking official industrial action.)

Based on the responses the Government received to the consultation, regulations have been laid before Parliament which will:

  • prohibit all detriments imposed for the sole or main purpose of penalising, preventing or deterring a worker from taking industrial action (i.e. the Government will not create a list of protected detriments); and
     
  • enable tribunal awards to be adjusted by up to 25%, where an employer enacted prohibited detriments against a worker for taking industrial action, following an employer or employee’s failure to follow the Acas Code of Practice on Disciplinary and Grievance Procedures.

Note too that, on 6 July 2026, the Government published its response to the consultation on the draft Code of Practice on Trade Unions’ Right of Access into Workplaces, which it undertook earlier this year. It has now laid before Parliament the final draft Code of Practice (which will be the main source of practical guidance on the new trade union right of access framework), alongside draft regulations. We will examine this further in our next HRL newsletter.

The Government has also published the outcome of its consultation on the revised Code of Practice on Access and Unfair Practices during the Recognition and Derecognition Process, and has laid before Parliament a revised draft Code of Practice. 

In addition, a revised draft Acas Code of Practice on time off and providing facilities for union duties has been laid before Parliament.  

These changes are expected to come into force from October 2026.

We will explore these trade union and industrial action reforms – including other key changes under the Employment Rights Act – at our Employment Law Updates. To book your place, click here.

If you are a Make UK subscriber, you can speak to your regular adviser for guidance and access information our HR & Legal Resources. Our HR consultancy team also has a wealth of experience dealing with trade union related issues (see question 4 above).

If you are not a Make UK subscriber, you can contact us for further support. Please click here for information on how we can help your business.