This Month in HR - September
September always brings a sense of reset. Teams settle back in after summer, workloads pick up, and many SMEs start looking ahead to the final quarter. It’s a good moment to pause, take stock and make sure your people practices are in a strong place before the year end rush begins. This month’s HR update covers key legal changes, practical reminders and a recent tribunal case with important lessons for employers.
ACAS Consultation: NEW Draft Disciplinary and Grievance Code
ACAS has published its draft revised Code of Practice on disciplinary and grievance procedures, marking the first full refresh since 2009. The proposed Code places greater emphasis on early resolution, manager judgement and clear reasoning behind decisions. Informal resolution efforts, record keeping and the quality of investigations are all areas where expectations are tightening.
We recently explored these changes in more detail on our blog, including what they mean for SMEs and how managers can prepare. If you missed it, you can read the full article on our website here.
Although the consultation runs until 23 September 2026, employers should begin reviewing their approach now. Policies matter, but they rely on managers applying them consistently and with confidence. If your managers would benefit from clearer guidance or practical training, this is an ideal time to act.
Case Spotlight: Waller vs Swan Engineering
The recent menopause discrimination case Waller vs Swan Engineering highlights two key risks for employers: failing to support an employee experiencing menopause symptoms, and inappropriate manager behaviour that compounds the issue. The tribunal found that the employer did not explore reasonable adjustments or adapt expectations in light of Ms Waller’s symptoms, despite clear signs she was struggling.
Alongside this, the tribunal heard evidence that when Ms Waller lost her train of thought, her manager made comments such as “Is someone going through the change?”, remarks that were dismissive, made in front of others, and contributed to a working environment that left her feeling undermined and unsupported.
The tribunal awarded £22,253.95, reflecting injury to feelings and the employer’s failure to take reasonable steps to support the employee. For SMEs, it’s a powerful reminder that both missed adjustments and everyday interactions can escalate into significant legal and cultural risks.
What good practice looks like for SMEs:
Start with a structured conversation that focuses on how symptoms might impact the employee at work.
Agree practical adjustments such as flexible start times, access to cooler workspaces, task prioritisation or short breaks when needed.
Set clear communication preferences so the employee feels supported and managers know how to check in confidently.
Review regularly to make sure adjustments remain helpful and can be adapted as needs change.
Document the plan so both sides have clarity and the organisation can demonstrate fairness and consistency.
Invest in manager training so leaders understand menopause, avoid inappropriate comments and feel confident responding sensitively and professionally.
If you haven’t yet created a menopause action plan framework, this case is a timely reminder of why it matters. Empower People HR offers clear, practical templates designed specifically for SMEs, helping managers hold supportive conversations and make reasonable adjustments with confidence.
Harassment Law: NEW Third Party Liability and ‘All Reasonable Steps’
From October 2026, employers will face new obligations around preventing harassment, including liability for harassment carried out by third parties such as customers, contractors or suppliers. Alongside this, the requirement to take all reasonable steps to prevent harassment will become more explicit and more enforceable.
For SMEs, this means revisiting policies, training, reporting routes and the culture signals you send day to day. Clear expectations for external parties, confident manager responses and accessible reporting mechanisms will be essential. Preparing now will help you stay compliant and protect your people.
We recently published a blog exploring these changes including a clear summary of the EHRC’s eight recommendations for what “all reasonable steps” looks like in practice.
If you’d like a deeper dive into the actions SMEs should be taking now, you can read the full article on our website here.
Reminder: Good Practice for Holiday and Performance Planning
As we head into autumn, it’s worth taking a moment to check two areas that often cause pressure later in the year.
Holiday management
Review remaining balances, encourage early booking and make sure managers are aware of carry over rules. A quick September check can prevent December bottlenecks and last minute disputes.
Performance reviews
Support managers to start conversations early. A short check in now helps avoid rushed appraisals, surprises for employees and avoidable ER issues. It also gives time to agree adjustments to goals or support with development needs if required before year end.
Need Any Support?
If you’d like help reviewing your disciplinary or grievance processes, preparing for the upcoming harassment law changes, strengthening menopause support or planning year end people activity, Empower People HR can provide practical, tailored support.
Get in touch and book a free discovery call here.
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