Employment Update Bulletin from the Hunter Adams team – Q4 2025
Sexual Harassment
Following the legislative changes in October 2024, all employers are now required to take reasonable proactive steps to prevent sexual harassment in the workplace. This marked a shift from dealing with incidents after they occur, towards a requirement for employers to actively identify, reduce, and mitigate potential risk of sexual harassment before it happens.
Expectations on employers are set to rise even further under the forthcoming Employment Rights Bill which will introduce the requirement for employers to take all reasonable preventative steps to protect staff from sexual harassment. This enhanced duty is expected to become a formal legal requirement from October 2026 and will likely be supported by tougher enforcement powers for regulators and increased liability for employers who fall short.
If you haven’t already implemented a Sexual Harassment policy, completed a risk assessment, and carried out employee and manager awareness training, now is the time to do so. Likewise, if you have previously implemented these, now is a good time to review your policy, risk assessment, and carry out refresher training to support ongoing compliance.
If you need any support with this or would like to discuss how we may be able to support delivery of awareness training, please get in touch with your H100 focal point.
Festive Social Events
In light of the time of year, when socialising with colleagues, clients and suppliers becomes more frequent and alcohol consumption is more common, now is a good time to remind staff of behavioural expectations. Increased social activity, whether at work events, client functions or informal gatherings can heighten the risk of inappropriate behaviour and increase the likelihood of concerns about sexual harassment being raised.
Such issues can arise in various ways, including individuals feeling uncomfortable due to sexual jokes, comments, conversations, or witnessing others accessing sexual content on their devices, leading individuals to feel the environment is unsafe.
Reinforcing behavioural expectations ahead of social events can play a key role in preventing issues, including issuing clear communication to help staff ensure they understand the boundaries of acceptable conduct, the importance of respecting colleagues, and the Company’s zero-tolerance stance on harassment.
If you need any support drafting an appropriate communication about behavioural expectations ahead of the festive period, please get in touch with your H100 focal point.
Caring Responsibilities
Now more than ever, we are living longer as a population. According to Carer’s UK,1 in 7 people is now juggling work with caring for someone who is older, ill or disabled. Research indicates that, without appropriate support, around 1 in 6 carers either leave employment or reduce their working hours. This is particularly significant given that many carers will fall into the 45-64 age group which is often among an organisation’s most experienced and highly skilled employees.
Despite this, many individuals do not self-identify as carers. They may, however, refer to caring responsibilities in casual conversation, perhaps mentioning that they look after an elderly family member or support someone with a long-term health condition.
If an employee hasn’t formally disclosed that they have caring responsibilities, there may be signs that they are struggling to juggle their work and home responsibilities. These may include increased lateness, difficulty meeting deadlines, changes in performance and/or visible signs of stress.
Carers may be reluctant to disclose their caring responsibilities due to concerns that this may impact their workload, perceptions of commitment, and/or career progression, for example. Creating a supportive culture and implementing a carer’s policy can help encourage employees to feel more comfortable to share their circumstances and discuss potential adjustments and/or support with their line manager.
Reminding employees that they can submit a flexible working request to adjust their working hours, work location or temporary changes to their duties for example, can make a significant difference to those balancing responsibilities at home.
In addition, training managers to recognise the pressures employees may experience because of caring responsibilities and developing their understanding of how the Company can support employees can help provide clarity, promotes employee wellbeing and helps retain valued talent within your organisation.
If you would like a Carer’s policy drafted to reflect support your organisation can provide, please get in touch with your H100 focal point.
OEUK Weight Restrictions
Offshore Energies UK (OEUK) has announced that effective 1st November 2026, a new maximum clothed weight limit of 124kg will be introduced for personnel working on offshore oil and gas installations and related infrastructure in the UK Continental Shelf.
The introduction of this weight limit has been driven by safety considerations, including the limitations on the capacity of helicopter winching equipment which may be required to remove personnel from installations in emergency situations.
The weight limits refer to the total weight of the worker including the necessary workwear expected to be worn offshore. From 1st November 2026, personnel working offshore who weigh more than 124kg will not be issued with an OEUK medical certificate, meaning they will be unable to travel offshore.
Those weighing from 115 to 120kg will be issued with a restricted medical certificate valid for up to 6 months (considerably less than the normal 2-year period of validity) and those weighing from 120.1 to 124kg will be issued with a restricted certificate valid for only up to 3 months.
OEUK data suggests that the new rules will affect between 4,000 and 5,000 offshore personnel, although the figure is likely to be higher when taking account of those in onshore roles who are required to travel offshore as part of their responsibilities.
Once the weight limit comes into effect, an employee who exceeds the 124kg clothed weight limit will not be issued with a OEUK medical certificate and will not be able to mobilise offshore. In addition, offshore personnel will be weighed at the heliport and anyone with a clothed weight of more than 124kg will not be permitted to mobilise regardless of whether they have a valid medical certificate or not.
Such employees may be in a situation where they are unable to carry out the job they are contracted to do. In those situations, employers will need to consider the following:
- Whether to immediately commence a formal process that may ultimately lead to the dismissal of the employee in question, or to allow further time to achieve the necessary weight loss.
- Whether there should be a distinction between the process followed for employees in offshore roles and those in onshore roles who have a duty to travel offshore from time to time.
- What pay arrangements should apply if an employee is given further time to achieve the necessary weight loss.
- If possible, whether to consider redeployment to onshore roles.
These changes, and the potential it creates for employees who are unable to meet the weight limit to be dismissed carry various risks including but not limited to:
- Unfair dismissal claims: for those eligible to bring unfair dismissal claims, with the understanding that under the new Employment Rights Bill this will become a day one right, it will be critical to the successful defence of such claims to be able to show that appropriate pre-implementation steps (such as those detailed above) were taken by the employer and that dismissal was a reasonable sanction in the particular circumstances.
- Disability discrimination claims: While obesity itself is unlikely to amount to a disability for the purposes of the Equality Act 2010, case law is clear that obesity may make it more likely for someone to have impairments that meet the definition of disability. Furthermore, for some employees, obesity may be the consequence of underlying health conditions such as a thyroid disorder or an eating disorder which meet the definition of disability under the law. If such employees are dismissed as a result of their inability to mobilise offshore, employers must be mindful of potential discrimination claims. In these cases, employers will need to demonstrate both a legitimate aim (which may well be fulfilled by the requirement to adhere to the OEUK guidance and medical certification regime) and that their actions were a proportionate means of achieving that aim. Consultation with the employee and involvement of occupational health will be key, as well as consideration of practical support the employer can offer to assist the employee’s compliance with the weight limit.
- The rollout of the weight limit coincides with the increased use of self-administered weight loss drugs such as Ozempic or Wegovy and a balance will need to be struck between ensuring operational safety offshore and supporting employees who take these medications. It may be appropriate for controlled substance policies and procedures to be updated to specifically address these medications, but ultimately restricting self-administration offshore may be justified on safety grounds – for example, due to the practicalities of sharps disposal rules.
With the implementation date just 12 months away, employers must act now to ensure they are ready for the changes. As such, it’s recommended that employers with offshore workers consider taking the following actions now:
- Identify and engage with employees who are likely to be impacted – inform staff of the weight limit and what steps are being taken internally to prepare for it. Identify staff who will be, or are, at risk of being impacted by the weight limit and consider whether one-to-one discussions and involvement of Occupational Health would be appropriate to ensure compliance with the weight limit by the implementation date. It’s also recommended that employers identify any employees with medical certificates expiring after the implementation date to assess whether there is any risk of the certificates being invalidated by the weight limit.
- Consider what support (if any) you can offer to employees who will be, or are at risk of being, impacted by the weight limit. Any offers of support should be mindful of the sensitivity around discussions about weight loss but could consist of providing access to dietitians, subsidised gym memberships, health coaching, or fitness trackers. Consideration could also be given to reviewing offshore environments to encourage a healthier lifestyle, with potential emphasis on gym facilities and meal options onboard.
- Review employment agreements and policies and ensure employees are aware that employment with an offshore requirement is conditional on holding a valid OEUK medical certificate.
- Review policies which may be relevant, such as sickness absence and capability, which may need to be referred to in the event there are cases where employees exceed the weight limit in the course of their employment.
If you need any support with such actions, please get in touch with your H100 focal point.
Employment Rights Bill
Further changes under the Employment Rights Bill are expected to take effect from April 2026, including the introduction of day one rights for paternity and parental leave, as well as the removal of waiting days for Statutory Sick Pay (SSP). These changes form part of a broader shift towards strengthening employee rights.
In anticipation of these changes, it’s recommended that employers review their existing policies and working practices to ensure they’re up to date with current legislation and to support a smooth transition once the new rights are in place.
If you’d like your policies and procedures reviewed to ensure compliance with current legislation, please get in touch with your H100 focal point.
At Tribunal!
An employment tribunal has found that an employee was fairly dismissed after her employer learned that she was working for them in two cleaning roles following a TUPE transfer, covering day and night shifts at different locations.
The employee’s cleaning roles totalled 77.5 hours a week consisting of a 40-hour week working day shift and a 37.5-hour week working night shift, which only came to light when the employee’s employment for one of the roles was transferred to the respondent.
The respondent was concerned about the employee’s working hours, which totalled 17 hours a day with only two breaks. In light of this, they proceeded to dismiss the employee from one of her roles. The employee subsequently raised an unfair dismissal claim.
The tribunal found that the hours the employee worked breached the Working Time Regulations (WTR) 1998 which limits the ability for night workers to work an average of 8 hours in a 24-hour period.
Under the WTR, employers are required to take all reasonable steps to appropriately manage employee’s working time in compliance with the WTR. As such, the tribunal found that the performance of the contract was in breach of the WTR due to the employee’s excessive working hours.
The tribunal also found that the employee had deliberately concealed the fact that their working hours were in breach of the WTR and concluded that the employee’s knowing participation in illegal performance of the contract, combined with the strong health, safety and public interest considerations behind the WTR restrictions justified denying her unfair dismissal claims.
Had the employee not been prevented by illegality in relation to the performance of her contract, it was found that the reason for her dismissal was potentially fair, owing to the fact that the employer was found to have followed a fair procedure, retained the employee in the employment most favourable to her and offering her reduced hours which complied with the WTR in the other role in an attempt to avoid dismissal.
This case serves as a reminder of the importance of monitoring employee’s working hours to ensure compliance with the WTR, particularly where they have secondary employment.
