Employment Tribunal awards compensation for an employers failure to make adjustments in the probation period

In this episode 265 of the podcast I am covering a recent case decided by the Employment Tribunal where an employee was awarded compensation after the employer failed to make reasonable adjustments in the probation period.

The case of Ms Khorram v Capgemini emphasises the importance of effectively managing probation periods and the requirement to make reasonable adjustments for employees with neurodivergent conditions.

In this episode of the podcast I cover:

• When you need to consider reasonable adjustments
• What reasonable adjustments to consider for an employee with ADHD
• Why probation periods matter
• When to obtain medical support and/or an occupational health assessment
• Why compensation for Ms Khorram was limited by the Tribunal

Key takeaways:

Employers need to ensure managers are trained and aware of the importance of following occupational health advice and making reasonable adjustments for an employee who is placed at a disadvantage at work due to their disability.

You need to have good probation processes and regular communctaion in place.

You can read the full Judgement from the main Hearing and the Judgement from the remedy hearing here: https://www.gov.uk/employment-tribunal-decisions/ms-b-khorram-v-capgemini-uk-plc-6004705-slash-2024

Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

How To Effectively Manage Probation Periods: Training for Managers

Online training

Monday 15th June 2026 at 10:30am (90 minutes)

£75.96 per person

Book now here: https://www.eventbrite.com/e/1988753783101?aff=oddtdtcreator

Still not sure about the Employment Rights Act and what you need to do?

Why not attend our Free Webinar for Employers on Monday 18th May at 10:30am

Register to attend here: https://tinyurl.com/bddck4ut

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email [email protected]

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Zoes Law

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

This is going to be critical for all new employees from the 1st July 2026

In this episode 264 of the podcast I am covering the critical change to how managers and employers deal with probation periods for any new starters from the 1st July 2026.

The qualifying period for unfair dismissal is going to be the shortest period it has ever been from the 1st January 2027 and this means employers need to prepare and manage probation periods and the first few months of a new employees employment carefully and proactively.

Managers need to be educated on this now!

In this episode of the podcast I cover:

• What probation periods are
• Why probation periods matter
• What is changing from the 1st July 2026
• Why you need a good robust induction and onboarding process
• The importance of setting clear goals and targets for new starters in order to measure their performance and progress as soon as possible
• How getting it right does not have to be hard but does take time and planning
• Why having good forms and workflows for the process will aid managers to get the probation period right

Key takeaways:

Employers need to ensure managers are trained and aware of the importance of the induction process and probation period.

You need to have good forms and workflows for managers to follow.

Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

Still not sure about the Employment Rights Act and what you need to do?

Why not attend our Free Webinar for Employers on Monday 18th May at 10:30am

Register to attend here: https://tinyurl.com/bddck4ut

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email [email protected]

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Zoes Law

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Top Tips for Managers

In this episode 263 of the podcast I bring you my top tips for managing sickness absence.

In light of the recent change to statutory sick pay and the requirement to pay employees from day 1 of their absence these practical tips for really managing sickness absence with employees are going to be even more critical.

Managing employees who are absent can be difficult and in this episode I breakdown into some easy steps to follow.

In this episode of the podcast I cover:

• The critical point is to manage sickness absence!
• What the barriers are to effective management of absence.
• The importance of a clear reporting process.
• How and why you should maintain contact during absence.
• The exception when you should not make contact.
• The importance of self-certification forms.
• Return to work meetings and the format.
• What to do about frequent absence.
• Why it is important to get to the root cause of the absence.
• How effective management of absence will help you get to the root cause quicker!

Key takeaways:

Employers need to ensure managers are empowered and trained to deal with sickness absence issues at the earliest stage.

It is also important to create a culture where employees are happy to come to work and only take sickness absence when genuinely sick.

Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email [email protected]

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Zoes Law

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Legal requirements, best practice & changes needed

In this episode 262 of the employment law and HR podcast, I bring you a rundown and reminder about employment contract terms and section 1 statements and the importance of getting it right.

In this episode we cover:

• The difference between a contract and a section 1 statement.
• Why it is important for both employer and employee to issue a written statement of terms.
• The types of clauses in a contract, including terms implied by law.
• The minimum legal requirements to be set out in writing for employees as set out in Section 1 of the Employment Rights Act 1996.
• Changes to the law that took place in 2020 which many employers have failed to action.
• The legal requirement to issue a statement of terms from day 1 of employment.
• Best practice clauses to include.
• My recommendations about terms and why.
• Common problems we see with employment contracts.
• Changes and additions needed to employment terms as a result of the Employment Rights Act 2025

Key takeaway:

Employers need to take the time to review their employment contracts or section 1 statements to ensure they are compliant with the law as it stands and as it will be as the Employment Rights Act 2025 starts to be implemented.

Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email [email protected]

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Zoes Law

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 261 of the employment law and HR podcast, I bring you all the details about the changes with the rules about payment of statutory sick pay which come into effect from the 6th April 2026.

In this episode we cover:

• The current rules about the payment for employees who are off sick.
• The cost to employers of statutory sick pay (SSP).
• Why many employers will be unaware of the change and impact.
• The types of business or organisation that will be most impacted by the change.
• Why having robust systems in place for the management of sickness absence is more important than ever.
• Why qualifying days of employment are important.
• How much you have to pay if someone is absent for 1 or 2 days out of their working week.
• The weekly flat rate of SSP from 6th April 2026 will be £123.25.

Key takeaway:

Employers need to start taking action now to understand the additional cost and to factor this in to costs planning for the new financial year.

Employers also need to proactively manage short term sickness absence.

Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email [email protected]

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Zoes Law

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 260 of the employment law and HR podcast, I bring you a run down of the new law coming in October 2026 which provides a legal duty on employers to prevent harassment of employees by third parties and provides for employer liability for the actions of third parties towards their employees.

In this episode we cover:

• The background to third party harassment law including the case that started it all, the 'Bernard Manning' case.
• The law on harassment currently.
• What the new law says about third party harassment.
• When third party harassment may arise.
• What steps employers need to take.
• Why you need to take action now.
• Legal liability for employers.
• Why you need to start considering who your 'Finchy' from the Office is!

Key takeaway:

Employers need to start taking action now to assess and identify the risks of third party harassment.

In order to take the necessary steps and ensure everything is in place by October 2026 you need to act now.

Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email [email protected]

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Zoes Law

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 259 of the employment law and HR podcast, we delve into some of the detail of the forthcoming changes under the Employment Rights Act 2025. In this episode I am covering the key changes taking place from April 2026.

In this episode we cover:

• Changes to Paternity Leave
• Paternity Leave will become a day 1 right for all employees
• Statutory paternity pay will still have the qualifying period of 26 weeks
• Unpaid Parental Leave will become a day 1 right
• The requirement for all employers to keep holiday records for 6 years
• All employers need to keep records of annual leave entitlement and time taken off
• Employers also need to keep records of how much an employee is paid when they take holiday
• Why it is important to reconsider how you hold holiday records
• The new Fair Work Agency
• The risks to employers in terms of penalties and reputation if the Fair Work Agency intervene
• Changes to Statutory Sick Pay
• The impact on employers of the new SSP rules
• Why managers need to be aware and to tighten up the management of short term regular sickness absence
• Why it is important to start taking action now to get ready for the new law.

Key takeaway:

Employers need to start taking action now to educate and empower managers to proactively manage employees for success.

You need to review and update policies on Paternity Leave, Parental Leave and Statutory Sick Pay.

You also need to consider how you store your holiday records and how you are going to store them going forward.

Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email [email protected]

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

In this episode 258 of the employment law and HR podcast, we delve into some of the detail of the forthcoming changes under the Employment Rights Act 2025. In this episode I am covering the key changes in regards to unfair dismissal including an analysis of the impact and the practical steps employers need to take.

In this episode we cover:

• Changes to the rules on who can claim unfair dismissal
• Why it is important to start taking action now to get ready for the new law.
• Why you need still consider probation periods and how you manage them. despite the fact that a mandatory probation period is no longer included in the Employment Rights Act 2025.
• Suggested contract changes to deal with the new unfair dismissal risks.
• Training for managers that is going to be critical.
• The importance of robust induction and onboarding processes.
• An emphasis on proactive management of performance, behaviour and conduct issues.
• The importance of honest conversations and expectation setting at the outset.

Key takeaway:

Employers need to start taking action now to educate and empower managers to proactively manage employees for success.

Gone are the days where managers can be vague on expectations of employees and fail to follow up when standards are not met and then dismiss an employee 'out of the blue' without due process.

Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email [email protected]

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Zoes Law

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

What is the status of the changes under the new law?

In this episode 257 of the employment law and HR podcast, as we reach the end of the year and the last podcast for 2025 I cover an update on the status of the Employment Rights Bill, the changes and what has been happening to delay the new law.

In this episode we cover:

• The latest issue causing contention and subsequently delays in the parliamentary process.

• What the impact could be of a removal of the compensation cap for unfair dismissal claims.

• A rundown of the other changes to the Bill from the initial version published.

• What the key changes are and what employers need to be aware of.

• Why it is important to start taking action now to get ready for the new law.

Key takeaway:

There are going to be significant changes to employment rights for employees but those employers who are proactive, fair and have robust procedures and policies in place, coupled with management training will find that the risk of a claim does not increase. For employer who do nothing or think that it will not apply to them there is a significant increased risk of an employment tribunal claim.

You may also find the following helpful:

Employment Rights Bill 2024: Key information

Employment Rights Bill

Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email [email protected]

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Zoes Law

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

An effective tool to resolve disputes

In this episode 256 of the employment law and HR podcast I cover an overview of Settlement Discussions and how you can use them to resolve difficult situations in the workplace.

In this episode we cover:

• When settlement discussions can be used
• The difference between 'without prejudice' conversations and 'protected conversations'
• How to safely make an offer
• What to avoid to prevent claims
• Why the frequent use can be a problem
• Practical tips on how to deal with settlement discussions

Key takeaway:

Settlement discussions can be a useful tool but care needs to be taken about how you approach the discussion and when you decide to use an offer, and the frequency with which you use settlement discussions.

You may also find the following helpful:

https://realemploymentlawadvice.co.uk/podcast/when-are-settlement-discussions-protected/

https://realemploymentlawadvice.co.uk/2025/05/27/settlement-agreements-in-employment-what-uk-employers-and-employees-need-to-know/

Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email [email protected]

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Zoes Law

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 255 of the employment law and HR podcast I cover an employment tribunal decision where an employee who called their manager a derogatory name was found to have been unfairly dismissed.

Although the language used was clearly inappropriate, the tribunal decided that dismissal was too severe a response. This episode unpacks why and what lessons both employers and employees can take from it.

In this episode we cover:

• The facts of the case – what actually happened and how the dispute reached tribunal.
• How the tribunal assessed whether the dismissal was fair in all the circumstances.
• The importance of proportionate disciplinary action and consistent treatment.
• Why context matters – including the employee's record, workplace culture, and employer policies.
• Practical steps for managers handling misconduct or inappropriate language at work.
• What this case teaches us about the balance between respect, communication, and fairness in disciplinary processes.
• Why it is important to consider getting a third party to deal with disciplinary issues or dispute when the employee is a family member or close friend.

Key takeaway:

Even when language is offensive or unprofessional, dismissal is not automatically fair. Employers must consider all the circumstances and ensure their decision is reasonable, consistent, and procedurally sound.

Working with family can present different challenges but employment law still applies!

You can read the full judgement here: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://assets.publishing.service.gov.uk/media/64ae81ed8bc29f00132ccb82/Ms_K_Herbert_v_Main_Group_Services_Ltd_3310773.2022_FMH_Reserved_Judgment.pdf

Don't forget to subscribe to the podcast to stay informed on the latest in UK employment law. If you have questions or need tailored advice, feel free to get in touch – we are here to help.

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email [email protected]

Fixed Price Advice from Real Experts

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £234 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Zoes Law

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw