James questions the effectiveness and cost of the new Fair Work Agency, favouring tribunal-based enforcement, while Ross emphasises growing legal uncertainty, procedural complexity and the pressures facing the employment tribunal system.
Their full comments have been reproduced below with kind permission.
Belief And Sex Bias Employment Claims To Grow In 2026 – Law360 UK
Ross Beaton, Senior Associate at Payne Hicks Beach LLP, described the conflict as “Kafkaesque. We have got to the Court of Appeal without any trial having happened yet” on the substantive claims in the conjoined cases, he said.
Employment Rights Act ‘The Big Issue’ In 2026 – Law360
Ross Beaton, Senior Associate at Payne Hicks Beach LLP, said the new rights for workers being ushered in are “a good thing, but creating uncertainty now and the prospect of complexity later is not.”
“Uncertainty comes with a cost — and that cost is being borne by people not having jobs,” he said in reference to the high level of unemployment in the U.K.
‘Alarm Bells Ringing’ Over Employment Bill Enforcement – Law360
James Townsend, a partner at Payne Hicks Beach LLP, said the Fair Work Agency could end up costing taxpayers more than it is worth — the government has estimated the agency’s running costs at £233 million a year. It could prove to be an ineffective enforcement route for workers.
“Individual enforcement via the tribunal system remains the fairest tried and tested method for the enforcement of workers’ rights,” Townsend added.
If you would like to discuss any of the issues raised in these articles, please do not hesitate to contact James Townsend or call 020 7465 4300
