Morton Fraser MacRoberts LLP
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Morton Fraser MacRoberts LLP
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The Employment Law Bulletin

October 2026
 

Welcome to the October issue of the employment law bulletin. Another milestone is reached this month with the second significant tranche of changes being brought into effect by the Employment Rights Act 2025. Our featured article covers the key points, including a late change to the implementation date for an important trade union related right. This month's case report is a significant EAT judgment clarifying that individual employees, including line managers or HR professionals, may be personally liable where there is a breach of the duty to make reasonable adjustments for a disabled employee.

We also cover the other important employment law news over the past month as well as our upcoming webinars and latest podcasts.

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Featured article

Employment Rights Act 2025: Key October 2026 Changes for Employers

A significant new phase of the Employment Rights Act 2025 implementation programme will take effect this month.

Webinars

Essential employment law webinars

Upcoming webinar | 8 October 2026

Join discrimination law specialists Sarah Gilzean and Fiona Meek for our next webinar on 8 October which will take a closer look at the new and amended duties to prevent harassment in the workplace. We will also look at the steps that employers (with 250 or more employees) should be taking now to prepare for the requirement to produce equality action plans relating to gender equality and menopause which takes effect in April 2027.

The webinar will last for approximately 50 minutes, is free to attend and is applicable to the law of Scotland, England, and Wales.

Health and Wellbeing in the Workplace

In August we were fortunate to be joined by Dr Sigi Joseph and Dr Jane Catley from The Doctor Explains, an organisation promoting greater understanding of health and wellbeing amongst employers and the wider public. The session provided a doctor's perspective on some of the most common health and wellbeing challenges facing employers and employees, together with practical advice on how these issues can be managed effectively within the workplace.

We also looked at the legal considerations for employers and how a healthy and supportive working environment can be achieved.

"The panel were excellent. Very knowledgeable and easy to listen to."

 
– Essential employment law webinar attendee
October update

Employment Rights Act

Keep up to date with how the Employment Rights Act 2025 is progressing with our monthly update of what's been happening.

We also offer a practical, tailored half day training course for HR and business leaders, focusing on the steps employers can take to prepare for the changes coming into force as a result of the Act. For further details of our training course, please contact us here.

Case report

Individual managers can be personally liable for failure to make reasonable adjustments

A recent Employment Appeal Tribunal judgment has clarified that managers and other decision-makers may face personal liability where their actions contribute to a breach of the duty to make reasonable adjustments.

 

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Podcast

MFMac: Employment Law

Our latest podcast episodes are now live, with Alan Delaney joining David Hossack to discuss the opportunities, risks and employment law considerations that flow from the use of AI in the workplace.

David also speaks to Stuart McWilliams about the new rules on Right to Work checks which are effective from 1 October.

Round-up

Beyond the Headlines - October 2026

Away from the main stories, we highlight our selection of the employment law-related news, developments and trends that caught our attention over the past month.

Reading online newsletter

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Training

Preventing sexual harassment and third-party harassment

Employers already have a duty to prevent sexual harassment but from later this month, employers will require to take all reasonable steps to prevent sexual harassment in the workplace. Employers will also become liable for third party harassment.

We can provide tailored support and training to help you comply with your obligations and reduce the risk of claims. To find out more, click the link below or email Sarah Gilzean here.


Contact us

Employment Partners
 

Our partners lead one of the largest employment law teams in Scotland, with more Law Society of Scotland accredited employment law specialists than any other firm.

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Innes Clark

Head of Employment Team
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Lindsey Cartwright

Partner
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Alan Delaney

Partner
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Sarah Gilzean

Partner
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Kenny Scott

Partner
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Stuart McWilliams

Partner, Business Immigration

"The team consistently delivers high quality advice, making often complex legal issues easy to understand"

 
– Chambers and Partners 2026 Edition