Need to know

Transgender law changes

The outcome of this year’s High Court ruling about the legal definitions of gender/sex was that:

◼ ‘Sex’ means biological sex
◼  ‘Woman’ is a biological woman or girl (a person born female)
◼  ‘Man’ is a biological man or boy (a person born male)

So, what does this currently mean for small businesses?  You may never employ a trans person – but it’s important to have an awareness of what’s going on.

◼ Protection still exists under the Equality Act 2010 for gender reassignment – anyone who is going through transition or has transitioned is not to be discriminated against.
◼  Legally, businesses are required to provide either universal toilet facilities with sufficient privacy or single-sex facilities. The ruling clarifies that ‘single-sex’ means biological sex.

However, It’s likely that a trans person would want to use the facilities matching their gender identity. If no one objects, then it isn’t a problem. But you are not legally required to accommodate this preference.   You will need to handle that situation extremely carefully though to avoid any claims of harassment.  Here’s a useful guide if you have any concerns about your workplace toilets  Workplace toilets: know your rights – Sex Matters

As always – don’t panic.  If you have someone in your team who is trans (or you want to prepare for this eventuality), here’s the key takeaway points:

◼ Communication is key.  Talk openly with the individual about their needs.  Ask if they are comfortable with you discussing those needs with the team.  Clear, respectful communication helps avoid misunderstandings.
◼ Respect is essential.  Legal rulings don’t override the importance of treating people with dignity.

Employment Rights Bill –  2026 changes #3

We hope those who attended Tracy’s free client webinar on the Employment Rights Bill (ERB) last month found it useful.

As the Bill continues to progress through its final legislative stages in Parliament, here’s our third ERB newsletter instalment focussing on another key proposed change for 2026 and beyond:

Extended time frame to bring a claim at tribunal
Currently and in most cases, anyone wishing to bring a claim at tribunal has to do so within 3 months (minus 1 day).  The tribunals are pretty strict with this and will only allow a claim after this date in exceptional circumstances.

The types of claims where this applies are:
◼ Unfair dismissal – time limit starts from the date of termination.
◼ Pay and wages – time limit starts from the date the person was not paid correctly.
◼ Discrimination – time limit starts from the date of the last act of discrimination.

There’s often a sense of relief when that 3 month period passes.

The proposal with the Employment Rights Bill is that this will be extended to 6 months.  Not ideal in our opinion because the longer something is left – the more difficult it is to challenge as memories fade. It will also add to the tribunal backlogs.

This is likely to be effective from Autumn 2026, so we have some time to get used to this one.

Rubbish rule change for businesses

New rules are now in force that require workplaces in England to separate their waste before it’s collected, including waste produced by employees, customers and visitors.

You must now always separate:
◼ dry recyclable materials (plastic, metal, glass, paper and card)
◼ food waste
◼ non-recyclable waste

Workplace recycling in England changed on 31 March 2025 but businesses with fewer than 10 full time equivalent employees have until 31 March 2027 to implement this.

Our lovely client, Your Brand Partner Yorkshire, actually makes some very snazzy waste recycling/waste segregation units which will help you get your recycling right.
Check them out here https://ybpgroup.co.uk/ybp-shop/waste-segregation-units/waste-segregation-unit-triple/ or email sales@ybpgroup.co.uk to discuss trade prices and volume ordering.