KLG Employment Law Update – September 2026: Whistleblowing Lessons, Government Consultations and Industrial Action In this employment law news update, we look at important topics for employers, including lessons from a landmark whistleblowing ruling against the University of Cambridge, key Government consultations closing this September, recent industrial action across various sectors, and practical steps for managing recruitment and restructuring risk as the final quarter of 2026 approaches. ​Cambridge Whistleblowing Ruling Highlights Risks of Mishandling Protected Disclosures A recent Employment Tribunal ruling against the University of Cambridge serves as a critical reminder for UK employers about the risks of mishandling whistleblowing complaints and protected disclosures. The case highlights that employees who raise workplace concerns are protected under the Employment Rights Act 1996, and that employers who fail to respond appropriately may face significant legal and reputational consequences. Professor Neil Wyn Evans, an esteemed astrophysicist at Cambridge’s Institute of Astronomy, raised serious concerns regarding the treatment of female staff, including allegations of bullying, misogyny, and issues surrounding research funding. He further claimed that the University breached its duty of care to safeguard employees’ mental health and wellbeing. The Employment Tribunal determined that several of these reports constituted “protected disclosures” under the whistleblowing provisions of the Employment Rights Act 1996. Instead of being shielded from detrimental treatment, Professor Evans was subsequently faced with a lengthy investigation into counter-allegations made against him. The Tribunal found that 11 of the 14 alleged detriments were proven, including failures in the investigation process, significant delays in handling his grievances, and an overall lack of proper response to his concerns. The Tribunal identified a “clear pattern of trying to shut down” his complaints and criticised the University’s approach, stating: “The handling of this matter with the University has been problematic and deeply unsatisfactory.” A remedy hearing will follow in January 2027. The judgment highlighted the damaging impact of lengthy workplace investigations. For example, one grievance outcome took 624 days to reach Professor Evans. He alleged severe victimisation for making protected disclosures, arguing that groundless allegations against him could have been dismissed much sooner. The Tribunal also criticised the involvement of HR and administrative staff in the decision-making process, finding that certain outcomes had effectively been predetermined by others and subsequently “rubber-stamped” by senior management. The Tribunal considered that the lack of independent consideration undermined the integrity and fairness of the process. This case reinforces the principle that whistleblowing should never be treated as an ordinary workplace grievance. When an employee makes a protected disclosure, employers must promptly assess the information, follow a robust whistleblowing policy, conduct independent investigations, and ensure that no detriment follows as a result of the disclosure. Failure to do so exposes employers to whistleblowing claims, Employment Tribunal proceedings, and reputational damage. Key Action Points for Employers: Specify clear timescales for investigating whistleblowing complaints, grievances, and counter-allegations, and ensure regular monitoring for compliance. Maintain strict independence between HR, investigators, and decision-makers, ensuring outcomes genuinely reflect impartial assessment. Provide regular and transparent updates to employees, particularly where investigations are ongoing or delayed. Train senior managers on whistleblowing law and the risk of personal liability for victimisation or detriment. Review and update whistleblowing policies to ensure protected disclosures are identified, escalated, and investigated appropriately, with clear safeguards against retaliation and victimisation. This case serves as an important reminder for employers to review their whistleblowing procedures and ensure protected disclosures are handled appropriately. If your organisation is facing a whistleblowing complaint, or you’d like to review your whistleblowing policy, contact our specialist employment law solicitors today. We also advise employees who have raised, or are considering raising, a protected disclosure and need guidance on their rights and legal protections. Government Consultations for Employers in 2026 The Government continues to seek stakeholder feedback on a number of significant employment law reforms connected to the implementation of the Employment Rights Act 2025. These consultations will help shape the detailed rules and practical operation of several workplace reforms, including collective redundancy consultation, protections for pregnant workers, flexible working arrangements and proposed restrictions on fire and rehire practices. The outcome of these consultations is likely to have a direct impact on employers, influencing how new employment rights are implemented and enforced in practice. As a result, organisations should remain aware of consultation developments and consider how potential changes may affect workplace policies, workforce planning and employee relations strategies. Below, we highlight some of the key employment law consultations that remain open or are due to close shortly, together with the relevant response deadlines. Following the consultation process, the Government will consider feedback received before publishing its final proposals and implementation plans. 1. Ending One-Sided Flexibility and Reforms of Zero Hours Closed: 25 August 2026  This consultation looked at how the Employment Rights Act 2025 should apply to zero-hours and similar contracts. The proposals include three new rights: guaranteed hours, fair notice for shifts and changes, and pay if shifts are cancelled, changed, or cut at short notice. Why employers should care: These reforms could require employers to review workforce planning, scheduling practices and the use of zero-hours arrangements. 2. Employment Rights for Unpaid Carers and Parents of Seriously Ill Children Closed: 1 September 2026  This consultation reviewed whether current employment rights and support for unpaid carers are enough, as required by the Carer’s Leave Act 2023. It also looked at what extra support might be needed for parents of seriously ill children.  Why employers should care: Future reforms could expand employee leave rights and create additional obligations for employers managing employees with significant caring responsibilities. 3. Time Off for Public Duties Closed: 4 September 2026  The Government sought views on how the right to take reasonable time off for public duties operates in practice under section 50 of the Employment Rights Act 1996. The consultation also examined whether the list of qualifying public duties should be expanded or updated. Why employers should care: Any changes may affect employee entitlement to time off and require employers to review existing absence and leave policies. 4. Holiday Pay Compliance and Enforcement Closes: 22 September 2026  One of the most significant consultations currently open considers the future enforcement of holiday pay rights and the role of the Fair Work Agency. The Government is seeking views on improving compliance and making it easier for workers to enforce statutory holiday pay entitlements. Why employers should care: Increased enforcement activity may result in greater scrutiny of holiday pay practices and higher compliance expectations for employers. What Employers Should Do Now  Although consultations do not themselves change the law, they provide a strong indication of the Government’s direction of travel and the obligations employers may need to prepare for in the future. Employers should consider: Monitoring the outcome of consultations relevant to their workforce; Reviewing employment contracts, policies and working practices that may be affected by future reforms; Assessing workforce planning arrangements, particularly where atypical working arrangements are used; and Preparing for increased scrutiny in areas such as holiday pay, flexible working and employee leave rights. Keeping abreast of consultation developments will help employers identify future compliance risks and prepare for changes before new legislation comes into force. If your organisation would like advice on how these proposed employment law reforms may affect your workforce, our specialist employment solicitors can provide practical guidance on preparing for future changes and reviewing workplace policies and procedures. Recent Industrial Action: Legal Risks and Employer Responsibilities Recent industrial action across a range of sectors has highlighted the importance of effective employee relations, workforce engagement and proactive risk management. Disputes relating to pay, working conditions, workplace safety and contractual arrangements can escalate quickly where concerns are not addressed effectively, resulting in operational disruption, reputational damage and potential legal risk. Industrial action may take the form of strike action or action short of a strike, including working to rule, overtime bans or other restrictions on normal working practices. Employers should ensure that workplace concerns are identified and addressed promptly, while also understanding the legal protections that may apply when employees participate in industrial action. Industrial Action Case Studies: Recent Examples from 2026 Arriva North London Bus Drivers: Strike Action over Extreme Heat and Unsafe Working Conditions  More than 1,500 Arriva North London bus drivers took industrial action in August 2026 following concerns about working conditions during periods of extreme heat. Drivers reported temperatures inside some bus cabs exceeding 40°C, raising concerns about dehydration, fatigue and heat-related illness. Unite called for improved cooling systems, including the introduction of full air conditioning across the fleet. The dispute highlights the importance of proactively addressing workplace health and safety concerns before they escalate into formal industrial action. Where employees believe concerns relating to their health, safety or wellbeing are not being adequately addressed, the risk of workplace disputes and operational disruption can increase significantly. Norwich Airport: Strike Action over Employment Conditions and Working Practices  Air traffic control staff at Norwich Airport, represented by Prospect, commenced industrial action in August 2026 following a dispute concerning working arrangements and employment conditions. The action initially took the form of action short of a strike, including working strictly to contract and withdrawing voluntary overtime and other goodwill measures. The dispute subsequently escalated into a 24-hour strike, resulting in the temporary closure of the airport to air traffic. The dispute demonstrates how disagreements relating to employment terms, working practices and workforce management can quickly escalate where employees feel their concerns have not been adequately addressed. It also highlights the significant operational impact that industrial action can have where employees perform safety-critical or business-critical functions. Great Yarmouth Bin Staff: Strike Action over Pay Disputes and Wage Inequality  In August 2026, refuse collectors and other Great Yarmouth Services employees took industrial action following a dispute over pay. Unite members rejected a 3.3% pay increase and sought a substantially higher increase, arguing that employees carrying out similar roles in neighbouring areas received significantly higher rates of pay. The dispute resulted in strike action affecting bin collections and other local services across the region. The dispute illustrates how disagreements over pay, reward structures and perceived pay inequality can escalate into industrial action where employees believe they are being treated less favourably than comparable workers elsewhere. Pay-related grievances can be particularly challenging where neighbouring employers or competitors offer materially different terms and conditions. Collectively, these recent cases underscore how rapidly workplace disputes can escalate into formal industrial action when negotiation and communication break down. Employers who prioritise transparent negotiations and proactive employee engagement are better positioned to avoid strike action and legal disputes. What Does Industrial Action Mean for Employers? UK employers must understand the different forms of industrial action, including strikes and action short of a strike, and the legal protections available to employees. While striking employees may lose pay and be in breach of contract, legally protected industrial action can limit an employer’s ability to dismiss or discipline participants. The recent disputes highlighted above demonstrate the importance of early engagement, meaningful consultation and effective employee relations. Employers that respond proactively to workplace concerns are often better placed to prevent disputes from escalating into formal industrial action. Key Action Points for Employers: Understand your legal obligations when industrial action is threatened or underway. Review proposed changes to pay, working conditions and contracts carefully. Ensure managers understand the legal risks surrounding industrial action and trade union activity. Keep clear records of negotiations, communications and decisions. Seek legal advice before disciplining or dismissing employees involved in industrial action. If your organisation is facing industrial action or a trade union dispute, our specialist employment law solicitors can provide advice on managing disputes, protecting your business and minimising legal risk. September 2026 Workforce Planning: Recruitment, Restructuring, and Employment Risks September marks a pivotal point in the business year. As employees return from summer, graduates enter the job market, and businesses head into the last quarter of 2026, many employers use this period to review their workforce, recruitment needs, budgets, and organisational structure before the year ends. However, workforce planning carries employment law risks. Any changes to headcount or team structure must be carefully planned and implemented to avoid unnecessary legal and financial risk. Recruitment: Ensuring a Fair and Compliant Process As businesses grow, they may open up graduate schemes, apprenticeships, internships, and permanent roles. Whatever the vacancy, recruitment must be fair, transparent, and free from discrimination. The Equality Act 2010 prohibits discrimination against applicants based on protected characteristics at every stage of recruitment, from preparing job adverts and setting selection criteria to shortlisting, interviewing, and making offers. To remain compliant, employers should apply the same role-related selection criteria consistently to every candidate, clearly set out the role, responsibilities, salary, and working arrangements, and avoid questions about protected characteristics during interviews. Once someone is hired, new starters should receive an employment contract or written statement of particulars, along with a proper induction, so they have a clear understanding of their duties, workplace policies, and expectations from day one. Restructuring and Reducing Headcount Employers reviewing their financial position or organisational structure before year-end may identify roles that are no longer required. Where this leads to restructuring or headcount reduction, employers must not simply dismiss employees because a role is no longer wanted. Where redundancies are necessary, employers must follow a fair process, including meaningful consultation and proper consideration of alternatives. Where dismissal is being considered for performance or capability reasons rather than redundancy, the correct process must equally be followed. This includes identifying the concerns, providing appropriate support and training, setting clear and achievable objectives, and giving the employee a reasonable opportunity to improve. Why Employers Should Care Poorly managed workforce decisions expose businesses to claims of unfair dismissal, wrongful dismissal, discrimination, and unlawful deductions from wages, alongside financial costs, reputational damage, and business disruption. Employers should therefore consider the employment law implications before making significant recruitment, restructuring, or dismissal decisions, and ensure such decisions are supported by clear documentation, objective reasoning, and a consistent process. If your organisation is planning recruitment, restructuring, or redundancies this autumn, contact our specialist employment law solicitors today. We also advise employees facing redundancy, restructuring, or performance procedures who need guidance on their rights. Closing Remarks The developments highlighted in this month’s employment law update reflect the continuing evolution of UK employment law and the increasing expectations placed on employers. From whistleblowing and industrial relations to workforce planning and upcoming Employment Rights Act 2025 reforms, employers are expected to navigate a growing range of legal and practical workplace challenges. Employers should take this opportunity to: Review policies and procedures ahead of upcoming Employment Rights Act 2025 reforms. Strengthen whistleblowing, grievance and disciplinary procedures. Prepare for changes to trade union rights and industrial relations. Ensure recruitment, restructuring and redundancy processes are fair and properly documented. Train managers on emerging employment law duties and workplace risks. Taking proactive steps now will help businesses manage risk, remain compliant and navigate the ongoing changes to employment law. Thank you for reading our Employment Law Update – September 2026. If your organisation requires advice on any of the issues discussed in this update, or support reviewing workplace policies and procedures, our specialist employment solicitors would be pleased to assist.