In this month’s update, we report on cases that have offered clarity on two issues that have exercised us over the years: how to calculate the number of redundancies for the purposes of collective consultation when plans change and whether TUPE applies to changes in commissioning services in the public sector. We also report on the latest news on the Employment Rights Act 2025.

Employment Rights Act update

Following the passing of the Employment Rights Act 2025 just before Christmas, we have the following updates:

• The implementation timescales remain broadly the same, with only minor changes to the original timeline. The Government’s updated timeline is here. The most significant change is a delay in implementation of fire and hire reforms from October 2026 to January 2027
• Confirmation that several of the important trade union reforms will happen on 18 February 2026, most notably changes to balloting requirements and thresholds for industrial action. Government guidance on the changes is here
• Regulations have been laid before Parliament to implement Day One rights to paternity and parental leave with effect from 6 April 2026

Calculation of redundancy numbers for the purposes of collective consultation

In Micro Focus Ltd v Mr James Mildenhall, the EAT provided some legal clarity on how numbers should be calculated for the purposes of collective redundancy consultation, although practical difficulties remain for employers.

The obligation to collectively consult arises...

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