Employment Law Guidance

"The Equal Employment Opportunity Commission is expected to rescind guidance that addresses harassment based on gender identity. Should we remove mentions of gender identity from our anti-harassment policy?" An HR professional recently asked that question to HR Dive. Let me answer it as succinctly as possible: NO!!! Or, if you prefer, let me rephrase question for clarity: "The EEOC says, 'Don't follow the law.' I'm confused. Shouldn't they be telling us the opposite?" No matter what the EEOC now wants employers to believe, the law has not changed. Title VII's prohibition on sex discrimination still includes discrimination based on transgender status. And because sex discrimination includes sexual harassment, it remains unlawful—legally, unquestionably, unequivocally—to harass an employee because they are transgender. The Supreme Court has already said this. Courts across the country have said this. The EEOC does not get to rewrite that reality by pretending otherwise. But even if we play along with the EEOC's fiction for a moment, the law is a floor, not a ceiling. Nothing stops employers from choosing to protect their workers because it's the right thing to do. Your workplace policies should reflect your values, your culture, and your commitment to treating employees with respect—not the bare minimum that a politicized agency thinks it can get away with. Protecting transgender employees from harassment isn't only lawful. It's moral. It's responsible. It's who good employers are. And frankly, the EEOC should be ashamed of itself. The agency charged with enforcing civil rights laws is now encouraging employers to ignore them. That isn't guidance; it's abandonment. Employers deserve clarity, not political gamesmanship. So, no, do not remove gender identity from your anti-harassment policy. Keep it there. Keep following the actual law. And keep doing what the EEOC, apparently, won't: protecting all employees.

I've been getting the same panicked call for 12 years. "Zhao Yang, [🔥insert HR crisis here🔥] just happened. What do I do?" Sometimes it's: ❓ "Our employee passed away suddenly." ❓ "Customs stopped our VP at the airport." ❓ "An employee just told us he's struggling with his mental health." And almost always, they need an answer today. Sometimes within the hour. Here's the problem. The law tells you how to be compliant. But it doesn't tell you: ⛈️ HOW to solve the problem without making things worse ⛈️ WHAT are the practical steps that others have taken before ⛈️ HOW to handle the fact that humans aren't robots HR issues inevitably come with strong emotions such as grief, anger, fear and shame. Treat them like a checkbox exercise, and you'll turn a manageable situation into a dispute that lands on a regulator's desk or in the press. So I decided to create something useful. A monthly one-page guide that cuts through the noise with a simple title: 💡 "What you should do when your employee..." Each issue will cover a specific scenario and gives you 3 practical actions you can take immediately. No legal jargon, no theory, just what actually works based on my years of experience. To kick off this series, I've created not 1 but 2 issues for January 2026: Issue #1: "...needs to be terminated" ✔ Why timing matters (especially in Asia) ✔ Why you need to let the employee have agency in the process ✔ When to get ahead of the regulators (before they come to you) Issue #2: "...needs to be put on a PIP" ✔ Why fake PIPs will backfire on you ✔ What proper documentation actually looks like ✔ When coaching must be genuine (or don't bother at all) If you're in HR, in-house legal, or you make decisions about people, this series was made with you in mind. Grab your free copies here: https://lnkd.in/grwpy57M One page each. Real guidance. Download them. Save them. You'll want them when the next crisis hits. I'm Zhao Yang, a Principal in the Employment Practice Group at Baker McKenzie Wong & Leow. For the past 12 years, I've been helping multinational companies across APAC navigate their most complex workforce problems. My philosophy has always been simple: treat people with respect and dignity, and most HR issues can be resolved without escalating into legal battles. This series is my way of sharing what I've learned with those on the frontlines of people management. What other scenarios should I cover? Check the comments for what's coming in the next issues, and also let me know which scenario you want me to discuss the most! 🦾

Day one unfair dismissal rights are coming. Are you ready?   The Employment Rights Bill passed the House of Commons in March 2025 and is now with the House of Lords.   While most changes won't take effect until 2026-2027, HR teams need to start preparing now.   Key changes coming for UK employers: → Unfair dismissal protection from day one of employment (currently 2 years) → Probationary periods with easier dismissal procedures (maximum 9 months being consulted on) → Flexible working requests from day one (already in effect April 2024) → Statutory sick pay from day one (currently starts after 3 waiting days) → Zero-hours contract workers can request guaranteed hours contracts   National Insurance changes hitting April 2025: → Employer NICs increasing from 13.8% to 15% → Secondary threshold reducing from £9,100 to £5,000 per year → Employment Allowance increasing from £5,000 to £10,500 annually   Sexual harassment prevention duties strengthened to "all reasonable steps" (currently "reasonable steps" since October 2024).   Collective redundancy rules changing - employers must count proposed redundancies across all sites, not just individual establishments.   The timeline matters: Implementation roadmap published July 2025 shows phased delivery. Some measures delayed until 2027.   For HR teams, this means: → Audit current contracts and handbooks now → Review probationary period procedures → Strengthen sexual harassment prevention policies → Plan for increased NICs costs from April → Consider impact on recruitment strategies   The bill is 310 pages long - one of the largest employment law changes in 30+ years.   SMEs will be particularly affected due to a proportionally higher administrative burden and costs.   Start planning now rather than later.

🚨 Day-one unfair dismissal rights are coming 🚨 From 2027, UK employees will no longer need two years’ service to bring an unfair dismissal claim. This changes how you hire, onboard, and manage from the very start. Probation periods, performance tracking, and manager training can’t be an afterthought—they’ll be your first line of defence against disputes. Here’s how to get ahead: 1️⃣ Redesign probation  - Set clear review points (3–9 months is current guidance).  - If dismissal is needed, follow the new light-touch process: meeting → right to be accompanied → written outcome. 2️⃣ Train managers early  - Equip them to manage performance from day one.  - Emphasise documentation.  - Remember: redundancy is never “light-touch.” 3️⃣ Update onboarding  - Build in day-one entitlements (statutory leave, sick pay).  - Collect feedback early to spot issues before they escalate. 4️⃣ Tighten documentation  - Store probation reviews and dismissal steps securely.  - Be prepared to provide written reasons on request. 👉 The two-year “low risk” window is closing. Businesses that adapt now will not only stay compliant but also create fairer, more transparent workplaces—the kind that attract and retain top talent. 🔜 Tomorrow, I’ll share practical tips on navigating a world without zero-hours contracts—and how to keep flexibility while ensuring fairness. #EmploymentLaw #HRLeadership #FutureOfWork #WorkplaceCulture #EmploymentRights

I keep asking HR Directors the same question: "When did you last review your onboarding process against the ERA timeline?" The uncomfortable truth is that most haven't. And there are now two deadlines, not one. From 6 April 2026, four rights become Day-One entitlements: PATERNITY LEAVE: Day-One entitlement. The 26-week qualifying period is gone. Budget for 100% take-up from the hire date. PARENTAL LEAVE: Day-One entitlement. Previously required 1 year of service. FLEXIBLE WORKING: Day-One right, with 2 requests per year instead of 1. That doubles the tribunal exposure for every line manager handling these requests. SSP: Payable from Day One. No more 3-day waiting period. No more lower earnings threshold. Every employee qualifies. From 1 January 2027, unfair dismissal changes fundamentally: QUALIFYING PERIOD: Drops from 2 years to 6 months. Anyone hired from July 2026 onwards will have protection from January 2027. COMPENSATION CAP: Abolished entirely. The current cap of £118,223 disappears. Senior exits will carry unlimited tribunal exposure. Most probation processes I review were designed for a world where new employees couldn't bring a claim for two years. Informal check-ins at Month 3. A probation review at Month 6, often late, often undocumented. The April 2026 changes mean your family leave and flexible working policies need updating now. The January 2027 changes mean your probation and performance management processes need to be airtight before any employee hired from July 2026 reaches the 6-month mark. Two timelines. Two sets of preparation. Are you ready for both? #ERA2025 #EmploymentLaw #HRStrategy #BoardroomBriefing #sdg

🚨 𝐋𝐚𝐛𝐨𝐮𝐫-𝐜𝐨𝐝𝐞 𝐜𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞 𝐢𝐬 𝐧𝐨𝐭 𝐚 𝐨𝐧𝐞-𝐰𝐚𝐲 𝐬𝐭𝐫𝐞𝐞𝐭. We repeatedly ask: ➤ Were wages paid correctly? ➤ Was social security deposited? ➤ Is the workplace safe? ➤ Was due process followed? All valid questions. But another must also be confronted: ❝ 𝐖𝐡𝐚𝐭 𝐚𝐛𝐨𝐮𝐭 𝐭𝐡𝐞 𝐫𝐞𝐬𝐩𝐨𝐧𝐬𝐢𝐛𝐢𝐥𝐢𝐭𝐲 𝐚𝐧𝐝 𝐚𝐜𝐜𝐨𝐮𝐧𝐭𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐨𝐟 𝐰𝐨𝐫𝐤𝐞𝐫𝐬 𝐚𝐧𝐝 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐞𝐬? ❞ Labour laws rightly place major obligations on employers because they control wages, records, safety systems and disciplinary processes. But 𝐩𝐫𝐢𝐦𝐚𝐫𝐲 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐫 𝐫𝐞𝐬𝐩𝐨𝐧𝐬𝐢𝐛𝐢𝐥𝐢𝐭𝐲 𝐝𝐨𝐞𝐬 𝐧𝐨𝐭 𝐦𝐞𝐚𝐧 𝐜𝐨𝐦𝐩𝐥𝐞𝐭𝐞 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐞 𝐢𝐦𝐦𝐮𝐧𝐢𝐭𝐲. ❶ 𝐒𝐀𝐅𝐄𝐓𝐘 𝐈𝐒 𝐒𝐇𝐀𝐑𝐄𝐃 Employees must use PPE, follow safety standards, report hazards, cooperate with safety systems and avoid wilfully endangering anyone. Yet the employer must first provide a safe workplace, training, supervision and equipment. ➝ Safety cannot be outsourced. ➝ Cooperation cannot be optional. ❷ 𝐃𝐈𝐒𝐂𝐈𝐏𝐋𝐈𝐍𝐄 𝐑𝐄𝐌𝐀𝐈𝐍𝐒 𝐄𝐍𝐅𝐎𝐑𝐂𝐄𝐀𝐁𝐋𝐄 Standing orders and service rules may regulate attendance, shifts, leave, late coming, misconduct, suspension and dismissal. Habitual absenteeism, falsification of records, negligence, insubordination or property damage may invite action—but only under 𝐜𝐥𝐞𝐚𝐫𝐥𝐲 𝐜𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐞𝐝 𝐫𝐮𝐥𝐞𝐬. ❸ 𝐔𝐍𝐈𝐎𝐍 𝐑𝐈𝐆𝐇𝐓𝐒 𝐀𝐋𝐒𝐎 𝐂𝐀𝐑𝐑𝐘 𝐃𝐔𝐓𝐈𝐄𝐒 Lawful collective action deserves protection. But violence, intimidation, illegal strikes, wilful go-slow, gherao, property damage or preventing others from working cannot be justified as union freedom. ✦ Rights protect representation. ✦ They do not authorise coercion. ❹ 𝐖𝐀𝐆𝐄 𝐏𝐑𝐎𝐓𝐄𝐂𝐓𝐈𝐎𝐍 𝐈𝐒 𝐍𝐎𝐓 𝐌𝐈𝐒𝐂𝐎𝐍𝐃𝐔𝐂𝐓 𝐏𝐑𝐎𝐓𝐄𝐂𝐓𝐈𝐎𝐍 Regulated deductions may be made for absence and proven loss caused by negligence or default—subject to evidence, explanation, procedure and recovery limits. Fraud, theft, sabotage, violence or misappropriation may also affect statutory entitlements. ❺ 𝐀𝐂𝐂𝐎𝐔𝐍𝐓𝐀𝐁𝐈𝐋𝐈𝐓𝐘 𝐌𝐔𝐒𝐓 𝐒𝐓𝐈𝐋𝐋 𝐁𝐄 𝐅𝐀𝐈𝐑 Before punishment, the employer must ensure: ➼ clear expectations ➼ evidence-based allegations ➼ show-cause or charge-sheet ➼ fair domestic inquiry ➼ proportionate punishment ➼ consistent treatment 🅐 Poor performance may require counselling, training or a PIP. 🅑 Misconduct involves a deliberate or culpable breach of a known rule. Every error is not misconduct. Every disagreement is not insubordination. The right equation is: 𝐄𝐦𝐩𝐥𝐨𝐲𝐞𝐫 𝐜𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞 ➕ 𝐄𝐦𝐩𝐥𝐨𝐲𝐞𝐞 𝐫𝐞𝐬𝐩𝐨𝐧𝐬𝐢𝐛𝐢𝐥𝐢𝐭𝐲 ➕ 𝐔𝐧𝐢𝐨𝐧 𝐚𝐜𝐜𝐨𝐮𝐧𝐭𝐚𝐛𝐢𝐥𝐢𝐭𝐲 ➕ 𝐅𝐚𝐢𝐫 𝐞𝐧𝐟𝐨𝐫𝐜𝐞𝐦𝐞𝐧𝐭 🟰 𝐀 𝐫𝐞𝐬𝐩𝐞𝐜𝐭𝐟𝐮𝐥, 𝐩𝐫𝐨𝐝𝐮𝐜𝐭𝐢𝐯𝐞 𝐚𝐧𝐝 𝐥𝐚𝐰𝐟𝐮𝐥 𝐰𝐨𝐫𝐤𝐩𝐥𝐚𝐜𝐞. ❝ Rights carry responsibilities. Authority carries accountability. Discipline requires due process. Compliance belongs to everyone. ❞

It’s quick, it’s convenient, but legally dangerous!!! Where an employee, without leave or other lawful cause, absents himself from the place of work, many employers treat this as an exit cue and replace the employee. This shortcut may easily amount to unfair termination with consequences under Section 49 of the Employment Act. An employee does not terminate their employment simply by failing to show up to work. While Section 44 of the Employment Act classifies absence without leave as gross misconduct that may justify summary dismissal, misconduct alone does not end the employment relationship. Therefore, before terminating on grounds of absconding, an employer must: 1. Make reasonable efforts to trace the employee. 2. Issue notice to the employee to render an account of his misconduct. 3. Conduct a disciplinary hearing with proper documentation, and only then; 4. Issue a termination letter. If the employee remains untraceable, the employer’s obligations do not disappear, notice should be given to the Labour Officer in charge of the area, and any terminal dues owed to the employee should be deposited with the said office. Dismissal on account of absconding duty must be preceded by evidence showing that reasonable attempts were made to contact the concerned employee. When an employee absconds duty, the employer has a legal responsibility to conduct a sound procedural process to terminate the employment.

Last week, a viral Reddit, Inc. thread involved a new hire who, due to a subsequent #HR email mistakenly listing September 22 as her start date, did not appear on September 2—the date indicated in her signed contract. As a result of the confusion, the would-be employer rescinded the offer. I discussed the incident with Maria Azzurra Volpe of Newsweek, focusing on the exposure employers could face when onboarding communications are inconsistent. Could the candidate bring a claim for promissory estoppel, breach of contract, or wrongful termination? Potentially, though only in jurisdictions that construe offer letters and accompanying emails as integrated agreements. As for others, well, employment is "at-will," a status that is often presumed. This means an employer or employee could terminate employment with or without notice and with or without cause. So, in many states, an employer could hire an individual on Monday and fire them on Tuesday. I discuss the EXCEPTIONS to the employment at-will doctrine in the article. ⭐ The takeaway for #employers is clear: audit your onboarding process. Ensure that every communication—offer letters, orientation emails, HRIS auto-notices—mirrors the contractual start date. Designate a single point of contact for pre-hire correspondence, build a verification step into your HR workflow, and document the candidate’s acknowledgment of the confirmed date. A modest investment in process controls today can avert costly litigation and reputational damage tomorrow. And here’s the lesson for new hires: “Bottom line: read your emails! New hires should line up the contract against the emails and speak up to HR the moment a mismatch appears.” #EmploymentLaw #emplaw #HumanResources Read the full article here: https://lnkd.in/enC-XfGC

Terminating an employee on grounds of poor performance is a sensitive and legally complex process. As HR practitioners, it is essential to ensure that all necessary steps are taken to protect both the organization and the employee’s rights. Here are the basics that i believe should be embraced before signing a termination letter for poor performance: 1. Clear Performance Expectations Job Descriptions: Ensure that the job descriptions are clear, detailed, and provided to the employee from the beginning. Performance Metrics: Define and communicate performance metrics and expectations clearly to the employee. 2. Documentation Performance Reviews: Conduct regular performance reviews and provide feedback. Document these reviews and any discussions about performance. Written Warnings: Issue formal, written warnings when performance does not meet expectations. Document the details and the employee’s response. 3. Performance Improvement Plan (PIP) Implementation: Create and implement a Performance Improvement Plan if performance issues are identified. The PIP should outline specific goals, resources provided, and a timeline for improvement. Monitoring and Support: Regularly monitor progress and provide support. Document all interactions related to the PIP. 4. Training and Development Opportunities Provided: Ensure the employee has been given adequate training and development opportunities to improve their performance. Supportive Environment: Create a supportive environment where the employee feels they can seek help and guidance. 5. Fair and Consistent Procedures HR Policies: Adhere to the organization's HR policies and procedures related to performance management and termination. Consistency: Apply performance management processes consistently across all employees to avoid claims of discrimination or unfair treatment. 6. Legal Considerations Employment Laws: Ensure compliance with local, state, and federal employment laws. Consult with legal counsel if necessary. Anti-Discrimination Laws: Ensure that the termination is not discriminatory or retaliatory. Review the employee's protected characteristics and any previous complaints they may have filed. 7. Final Review Manager’s Input: Obtain input from the employee’s direct supervisor and ensure they are in agreement with the termination decision. HR Review: Conduct a final review by the HR department to ensure all steps have been followed and documentation is complete. 8. Communication Plan Termination Meeting: Plan a respectful and private termination meeting. Be clear, concise, and compassionate. Severance and Benefits: Clearly communicate any severance pay, benefits continuation, and outplacement services if applicable. 9. Post-Termination Procedures Exit Interview: Conduct an exit interview to gain insights and provide feedback to the organization for future improvements. Data and Property: Ensure the return of company property and secure any data or access that the employee had.

🚨 When Your Employer Ignores Your Complaints 🚨 You’ve reported seriously indecent behavior at work—harassment, discrimination, or other unlawful treatment. Instead of addressing it, your employer downplays, gaslights, or stonewalls you. This isn’t just frustrating—it’s mentally and emotionally damaging. The misconduct is harmful enough, but the gaslighting that follows can make you question your reality, feel isolated, and doubt speaking up. That has serious mental health implications. Protect Yourself & Build a Strong Paper Trail: ✅ Be Specific in Your Complaint – Clearly state the unlawful behavior (e.g., sexual harassment, racial discrimination, retaliation). This helps legally protect your communication. ✅ Put Everything in Writing – Email HR or management, summarizing incidents with dates, times, and those involved. If meetings happen in person, follow up with an email recap. ✅ Request Accommodations If Needed – If the situation is impacting your mental health, consult a professional and consider requesting remote work, medical leave, or other workplace adjustments. Keep records of all requests. ✅ Follow Up & Document Their Response (or Silence) – If ignored or dismissed, send a follow-up: “I reported [issue] on [date] and have not received a response. Please confirm how this is being addressed.” ✅ Escalate if Necessary – If internal reporting fails consulting an experienced employment attorney. You can often obtain a free consultation and one on a contingency basis through the National Employment Lawyers Association ✅ Don’t Resign Without Legal Advice – Employers may push you out rather than address the problem. Seek legal counsel before making decisions. If your employer is protecting themselves instead of you, make sure you’re protecting yourself. 💬 Have you faced workplace gaslighting? Let’s discuss in the comments. ⬇️ #WorkplaceRights #EmploymentLaw #HR #WorkplaceAccountability