First published on Thursday, October 8, 2026
Last updated on Thursday, October 8, 2026
At the BrightHR SME Summit, business owners got to put their biggest employment law questions to the experts. They asked about compliance, documents and ‘proof’, especially when they’re already doing the right thing.
Here are some of their questions.
‘There’s so much change. Where do I start?’
The Employment Rights Act 2025 brings plenty of workplace changes. Think Statutory Sick Pay, new tribunal rules, wider right to work checks, stronger harassment prevention duties and Fair Work Agency inspections.
Don’t panic. You can tackle them one at a time.
But they all have one thing in common: evidence.
‘What evidence do I need for a Fair Work Agency inspection?’
The Fair Work Agency can inspect businesses and investigate employment law breaches. They can issue penalty notices, take cases to tribunal for employees and has already secured their first conviction.
Inspectors may check pay, working hours, holidays, employment documents, training records, policies and procedures.
Keep those records easy to find and export, and an inspection will feel much less daunting.
And good record keeping is not only useful for inspections. Clear records help you handle disciplinary challenges, holiday pay queries and workplace complaints with more confidence.
‘I already do enough filing. Do I really need to change it?’
Good record keeping has always made business sense. Under the latest employment law reforms, it could also be one of the best ways to protect your business.
If an employee raises a grievance, brings a tribunal claim, questions a decision or challenges their pay, saying you did the right thing isn’t enough. You need to show it.
HR software keeps key evidence together, so you don’t have to hunt through inboxes, folders and separate systems. Expert guidance can also help you spot gaps. It won’t remove every legal risk, but it can show the reasonable, documented steps you’ve taken.
‘Longer tribunal time limits only affect employees, right?’
From 1 October 2026, employment tribunal time limits double from three months to six. That gives employees more time to build a case. And it means you may need to explain decisions made half a year earlier.
Could you confidently show:
Who attended a meeting
What evidence was considered
What was discussed
Why a decision was made
Without proper documentation, that’s much harder.
A clear digital trail of meetings, notes, policies, acknowledgements and messages can become vital evidence if a dispute reaches tribunal.
‘How can I show I’m preventing harassment?’
From 30 October 2026, you must take all reasonable steps to prevent sexual harassment at work. You should be able to show:
Relevant policies that were in place
What employee training was completed
Which risk assessments were undertaken
Whether concerns were investigated appropriately
Actions that were followed up
If you can’t show what you did, proving compliance becomes much harder.
‘What employee absence records should I keep?’
You should maintain clear records showing:
Sickness absence dates
Reasons for absence where appropriate
Return-to-work discussions
Sick and fit notes
Occupational health referrals
Statutory leave records
But absence dates are only part of the story.
Your sickness reporting procedure should explain who employees contact, when and how they report an absence, what details you need, when fit notes apply and how you’ll manage return-to-work contact.
With BrightHR software, you can share policies with employees and keep notifications, messages and follow-up actions together. That helps managers handle absence fairly. And it gives you evidence if someone later questions a decision.
‘What are my responsibilities around mental health, wellbeing and work-related stress?’
You have a legal duty to assess and manage health risks caused by work-related stress. Don’t wait until an employee becomes unwell.
A wellbeing platform can support your employees, but you still need to look at the cause. That could include workload, control, support, relationships, role clarity or organisational change.
Keep proportionate records of stress risk assessments, agreed adjustments, manager conversations, referrals, action plans and reviews.
Only record what you need, limit access to sensitive health information and focus on the action you took to reduce risk. This helps protect employees and shows how you identified and acted upon concerns.
‘What’s changing about right to work records?’
From 1 October, more workers fall within the right to work checking regime.
You should retain evidence of:
Right to work checks
Identity verification
Share codes where applicable
Follow-up checks
Digital verification reports
Subcontractor and substitute worker checks where required
Right to work checks can be complicated. Get advice from an HR and employment law expert if you’re unsure.
‘What pay and minimum wage records do I need to keep?’
From April 2027, the Fair Work Agency enforcement powers will include National Minimum Wage.
You’ll need to evidence:
Employee pay
Hours worked
Deductions
Salary changes
National Minimum Wage calculations
Clear payroll records matter when someone challenges pay, or when an inspector starts to ask questions.
‘What holiday records should I keep?’
Holiday entitlement causes plenty of disputes. Since April 2026, it has also fallen under the Fair Work Agency’s remit.
You must keep enough information to show you’ve followed statutory holiday entitlement and holiday pay rules. Keep those records for six years from the date you create them.
Maintain records covering:
Holiday accrual
Leave taken
Carry-over arrangements
Holiday payments
Policy acknowledgements
Your records should show how you worked out holiday pay, including relevant overtime, commission or other variable pay. They should also cover payments for untaken leave when employment ends.
‘What training records do I need to keep?’
In some areas, you’ll need to show that your staff received the right training. This may include:
Sexual harassment prevention training
Equality and diversity training
Health and safety training
Policy acknowledgements
Refresher training
‘What’s changed about fire safety?’
Fire safety duties aren’t new, but the law has become clearer and stronger since the Grenfell Tower fire.
The Fire Safety Act 2021 and Fire Safety (England) Regulations 2022 added duties for some multi-occupied residential buildings. The Fire Safety Order still requires responsible persons to manage fire risk in relevant premises.
Know who’s responsible in your business. Keep fire risk assessments, review dates, evacuation procedures, drill and training records, equipment checks and proof that staff received the right information.
If your business is responsible for an affected residential building, check whether the extra post-Grenfell duties apply to you.
‘What tipping records should you keep?’
By the end of the year, businesses with tipping arrangements will need to keep more detailed records showing how tips are shared.
If you run a hospitality business, review your record-keeping process now.
Clear records help you demonstrate:
How decisions were made
When conversations took place
What policies were in force
What training was completed
Whether employees received important information
That legal duties have been followed
They also benefit your staff. Clear records create transparency around:
Pay and pay review processes
Flexible and remote working arrangements
Holiday entitlement
Sickness absence
Training and development
Workplace policies and procedures
Put simply, clear records can stop disagreements turning into disputes.
Doing the right thing matters. Being able to prove it matters too.
Keep your records organised, secure and easy to find with BrightHR. So when an inspector, employee or tribunal asks for evidence, you’re ready.
