The Work Couch

Welcome to The Work Couch, the podcast where we discuss all things employment.

Content warning: The following content explores themes around addiction in a workplace context, including substance use and gambling, which some people might find distressing.

To mark Mental Health Awareness Week, we are devoting a two-part conversation to explore how substance use and other addictive coping behaviours can show up in high-pressure environments, including the legal sector - and what a more recovery-informed, psychologically safe culture looks like in practice.

In part one, we hear about the lived experience and how law firms are increasingly engaging with addiction issues in a proactive way. Host Ellie Gelder is joined by Steve McCann and Becky Banks from MCG Consulting - a pioneering consultancy specialising in addiction awareness, recovery-informed inclusion and workplace culture transformation – and completing the panel, Charlotte Reid, senior associate in our Employment, Engagement & Equality team.

Together, they discuss:

• Steve and Becky's own experiences of addiction and the work they are now doing with MCG to support law firms in raising awareness and embedding a recovery-informed culture;
• the importance of terminology, inclusive language and avoiding stereotypical assumptions;
• how to identify an addictive coping behaviour;
• common workplace red flags to be alive to and how these can vary across different roles, career stages and areas of law;
• how a recovery-informed work environment is integral to risk management, regulatory compliance, employee retention and reputation; and
• how the employer mindset is shifting in the legal sector, including the evolution of policies, training and support routes, and firms increasingly adopting a more nuanced approach of "checking in", not "catching out".

In Part 2, the panel focus on action: how to be an effective ally, and practical steps to support colleagues in and beyond recovery.

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All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

To access further support on addiction issues, you may wish to visit: Alcohol Change UK, Smart Recovery, GAMCare (for gambling related harm) or We Are With You.

References

• Report by Deloitte on the cost of poor mental health to UK employers (May 2024) 
• Report by LawCare: Life in the Law (September 2025)

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Welcome to The Work Couch, the podcast where we discuss all things employment. 

In part one of our mini-series on AI in the employment lifecycle, we're discussing the use of artificial intelligence in recruitment. Employers are increasingly turning to AI‑powered tools to assess candidates – whether by screening CVs, running video interviews or generating questions for use in applications. At the same time, a host of legal and ethical questions are emerging.

To help tackle these questions and help employers unlock the potential of AI - while balancing this against individual rights and mitigating legal risk - host Ellie Gelder is joined by Patrick Brodie, Partner and Head of RPC's Employment, Engagement & Equality team and Jon Bartley, Partner and RPC's Data Advisory Lead. Together, they share their insights on:

• how AI tools are used in recruitment lifecycle, and the operational benefits and risks for employers;
• discrimination risks arising from biased or opaque AI models, including how these can translate into direct and indirect discrimination claims under the Equality Act 2010;
• how the UK GDPR applies to AI recruitment tools, including profiling versus automated decision-making (ADM), the impact of the Data Use and Access Act 2025, and when ADM is lawful;
• regulator expectations on fairness, transparency, bias mitigation and meaningful human involvement in decisions;
• practical steps for compliant deployment, including vendor due diligence, bias testing, data protection impact assessments and appropriate lawful bases;
• candidate-facing transparency and explainability: what must be communicated about AI use and legal rights to contest automated decisions; and
• the wider workforce implications of AI recruitment tools, including the interaction with reduced unfair dismissal qualifying periods due to be introduced by the Employment Rights Act 2025, and the risks for early‑career workers.

Join us for part 2 later this year, when we will explore the role of AI during employment, including its impact on retention, performance management and attendance and related challenges and opportunities.

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1. ICO's AI in Recruitment Outcomes Report (November 2024) 
2. Recruitment rewired: an update on the ICO's work on the fair and responsible use of automation in recruitment (March 2026) 

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Welcome to The Work Couch, the podcast where we discuss all things employment. 

Later this year, extensive regulatory and legislative reforms will transform how employers tackle bullying, harassment and other toxic behaviour at work. In particular, the Financial Conduct Authority has now finalised its non-financial misconduct guidance, with significant changes coming into force on 1 September 2026. And alongside that, the Employment Rights Act 2025 will introduce a suite of reforms on 1 October 2026, aimed at strengthening protections against harassment at work and changing how employers approach prevention.

So, to help employers navigate and prepare for the new regime, we're devoting our latest three-part mini-series to the topic of non-financial misconduct or "NFM".

In the third and final part of our mini-series, host Ellie Gelder is joined by Sybille Raphael, joint CEO at whistleblowing charity Protect and Patrick Brodie, partner and head of RPC's Employment, Engagement & Equality team. Sybille and Patrick share their insights on:

• the increasingly prominent role of NFM in cases of whistleblowing;
• the regulatory, legislative and cultural impetus to tackle NFM;
• why people find it hard to blow the whistle about NFM and how employers can empower their employees to speak up;
• balancing responsibilities to the whistleblower, the alleged wrongdoer and witnesses;
• what "good" looks like when we talk about "Speak Up" cultures;
• how to assess if your organisation's process for reporting and investigating NFM is working;
• specific actions that employers might consider taking after a formal investigation into NFM has concluded; and
• Sybille and Patrick's key practical takeaways.

Listen to parts 1 and 2 of this Work Couch mini-series on Non-financial misconduct, regulation and the law: 

• Part 1: What’s on the horizon for 2026? with Macaela Joyes and Whitney Simpson
• Part 2: Key watch-outs before and during an investigation, with Kelly Thomson and Charlotte Reid

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We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1. Report by Acas: How prevalent is individual conflict at work in Great Britain in 2025? (20 November 2025)
2. Report by Protect: Attitudes to whistleblowing – from Gen Z to Baby Boomers (24 June 2025)
3. Research by Mental Health First Aid England for My Whole Self campaign (10 February 2026)
4. Protect's Whistleblowing Benchmark tool

About Protect

Protect has over 30 years' experience helping employers diagnose system weaknesses, develop triage models, and strengthen speak-up culture. Protect sees over 3,000 new cases annually, giving a uniquely broad evidence base on emerging patterns. Protect has shaped the thinking around whistleblowing since 1993, helping Parliament and regulators set the rules and intervening in major appeal cases. 

Hosted on Acast. See acast.com/privacy for more information.

Welcome to The Work Couch, the podcast where we discuss all things employment. 

Later this year, extensive regulatory and legislative reforms will transform how employers tackle bullying, harassment and other toxic behaviour at work. In particular, the Financial Conduct Authority has now finalised its non-financial misconduct guidance, with significant changes coming into force on 1 September 2026. And alongside that, the Employment Rights Act 2025 will introduce a suite of reforms on 1 October 2026, aimed at strengthening protections against harassment at work and changing how employers approach prevention.

So, to help employers navigate and prepare for the new regime, we're devoting our latest three-part mini-series to the topic of non-financial misconduct or "NFM".

In part two, host Ellie Gelder is joined by Kelly Thomson, Partner and ESG Strategy Lead, and Charlotte Reid, Senior Associate, who both work in our Employment, Engagement & Equality team. Together, they explain the nuts and bolts of the investigation itself, including:

• dos and don'ts when triaging a complaint of NFM;
• important questions to ask when planning and scoping an investigation, including who in the organisation should form part of the investigation team;
• the business case for delegating an investigation to an external investigator or law firm;
• common tricky issues, for example anonymous complaints, historic allegations, and whether to suspend the alleged wrongdoer;
• confidentiality and striking the right balance in respect of all parties;
• how to handle the overlap between employment and regulatory processes; and
• Kelly and Charlotte's key practical takeaways.

Listen to part 1 of this Work Couch mini-series: Non-financial misconduct, regulation and the law (Part 1): What’s on the horizon for 2026? and join us for the third concluding part in two weeks' time, when we will discuss practical steps to take after a formal investigation has concluded and how to create - and sustain - a "Speak Up" culture.

* Please note these podcasts will not run on Internet Explorer

We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1. ACAS code of practice on disciplinary and grievance procedures

Hosted on Acast. See acast.com/privacy for more information.

Welcome to The Work Couch, the podcast where we discuss all things employment. 

Later this year, extensive regulatory and legislative reforms will transform how employers tackle bullying, harassment and other toxic behaviour at work. In particular, the Financial Conduct Authority has now finalised its non-financial misconduct guidance, with significant changes coming into force on 1 September 2026. And alongside that, the Employment Rights Act 2025 will introduce a suite of reforms on 1 October 2026, aimed at strengthening protections against harassment at work and changing how employers approach prevention.

So, to help employers navigate and prepare for the new regime, we're devoting our latest three-part mini-series to the topic of non-financial misconduct or "NFM".

In part one, host Ellie Gelder is joined by Macaela Joyes, Associate in our Employment, Engagement & Equality team and Whitney Simpson, Of Counsel at RPC, who share their insights on:

• What NFM means and the types of behaviour it includes;
• Why addressing NFM does not rest solely with HR and People teams and the importance of wider accountability across the business;
• The regulatory and legislative developments coming into effect later this year and how they will impact the approach that firms will need to take when responding to allegations of non-financial misconduct;
• The nuances of non-financial misconduct that takes place online or outside work; and
• Some key practical steps for firms to take in readiness for the upcoming changes.

Join us for part 2 in two weeks' time, when we will discuss the nuts and bolts of the investigation itself and common pitfalls for employers to be aware of.

* Please note these podcasts will not run on Internet Explorer

We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1. FCA Consultation Paper CP25/18: Tackling non-financial misconduct in financial services Consultation on guidance in the Code of Conduct (COCON) and the Fit and Proper Test for Employees and Senior Personnel (FIT) sourcebooks including Policy Statement on amendment to the Code of Conduct (COCON) (CP23/20) (July 2025)
2. FCA Policy Statement PS25/23: Tackling non‑financial misconduct in financial services Guidance in the Code of Conduct (COCON) and the Fit and Proper test for Employees and Senior Personnel (FIT) sourcebooks (December 2025)
3. Employment Rights Act 2025
4. Higgs v Farmor's School and others [2025] EWCA Civ 109

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Welcome to The Work Couch, the podcast where we discuss all things employment. 

Continuing our deep dive into the Employment Rights Act 2025, this week we discuss the imminent wave of employment law reforms coming into effect in April 2026 - and the key actions to take now.

Host Ellie Gelder is joined by Charlotte White, partner, and Ramina Krivich, trainee solicitor, both from our Employment, Engagement & Equality team, who share their insights on:

• Statutory sick pay reforms and the practical steps employers can take to prepare;
• The establishment of the Fair Work Agency and how this will impact compliance procedures, litigation risk and settlement negotiations, and record-keeping;
• The doubling of the collective redundancy protective award period and how this could affect decisions on restructures and how consultation is undertaken;
• Trade union-related reforms and navigating a new landscape for employee relations;
• The extension of whistleblowing protections;
• Family-friendly changes; and
• Top tips to ensure business readiness for the April 2026 reforms.

The Work Couch will bring you more updates on the Employment Rights Act (ERA) as they develop. In the meantime, you can keep on top of all of the 25 plus employment law reforms introduced by the ERA - as well as access key watch-outs – by signing up to our ERA tracker, a free resource which is regularly updated by the Employment, Engagement & Equality team.

For a more detailed discussion on the family-friendly changes introduced by the ERA, listen to our previous Work Couch episode with Joanna Holford and Megan Latham here.

* Please note these podcasts will not run on Internet Explorer

We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1. Next Steps to Make Work Pay
2. Employment Rights Act 2025

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Welcome to The Work Couch, the podcast where we discuss all things employment. 

Kicking off Season 4, we take a deep dive into how the Employment Rights Act 2025 will transform a key area of employment law: family-friendly rights at work. We explain what the changes mean, when they are expected to come into force, and the practical steps employers can take now to stay one step ahead.

Host Ellie Gelder is joined by Joanna Holford, senior associate, and Megan Latham, trainee solicitor, both from our Employment, Engagement & Equality team, who share their insights on:

• New "day one" rights to statutory paternity leave, unpaid parental leave, bereavement leave and how these will apply in practice;
• The introduction of extended paternity leave for eligible bereaved fathers and partners, (separate from the ERA but also coming into force in April 2026);
• Enhanced protections for pregnant workers and new mothers against dismissal;
• Flexible working reforms;
• The recently published terms of reference for the government's review into carers leave; and
• Top tips to prepare for this new era of family-friendly rights.

The Work Couch will bring you more updates on the Employment Rights Act (ERA) as they develop. In the meantime, you can keep on top of all of the 25 plus employment law reforms introduced by the ERA - as well as access key watch-outs – by signing up to our ERA tracker, a free resource which is regularly updated by the Employment, Engagement & Equality team.

* Please note these podcasts will not run on Internet Explorer

We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts and Spotify to stay up to date with the latest episodes.

All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1.    Next Steps to Make Work Pay

2.    Employment Rights Act 2025

3.    Government's Parental Leave and Pay Review

4.    The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (SI 2026/15)

5.    Work Couch podcast: Pregnancy loss and work (Part 1): Does the law reflect expected work cultures? (14 June 2023)

6.    Government consultation on day one right to bereavement leave (Closed on 15 January 2026)

7.    Paternity Leave (Bereavement) Act 2024

8.    Draft Bereaved Partner's Paternity Leave Regulations 2026

9.    Government Factsheet: Enhanced dismissal protections for pregnant women and new mothers

10. Government consultation on enhanced dismissal protections for pregnant women and new mothers (Closed on 15 January 2026)

11. Work Couch podcast: Carers week special (Part 2): Intersectional nuances, wellbeing and creating carer-friendly workplaces (25 June 2025)

12. Terms of reference for government review into employment rights for unpaid carers (19 November 2025)

13. Carers UK Report: Juggling work and unpaid care (January 2019)

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Welcome to The Work Couch, the podcast where we discuss all things employment.

Host Ellie Gelder is once again joined by consultant employment lawyer Victoria Othen to talk about disability at work and what reasonable adjustments look like at each stage of the employment life cycle. In part two, which is packed with practical examples, they discuss:

• Relevant factors when assessing the reasonableness of an adjustment;
• Risks and exceptions relating to pre-employment health questions during the recruitment process;
• Case law on reasonable adjustments in respect of performance and attendance management, and redundancy processes;
• Reasonable adjustments to policies and procedures;
• Low or zero cost adjustments; and
• Victoria's top tips for employers to comply with their duty to make reasonable adjustments.

Listen to our previous Work Couch episode: Disability at work (Part 1): "Right to try work" and the law on reasonable adjustments.

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All information is correct at the time of recording.  The Work Couch is not a substitute for legal advice.

References

1.     Equality and Human Rights Commission guidance on workplace adjustments

2.    Noor v Foreign & Commonwealth Office EAT/0470/10

3.     Dominique v Toll Global Forwarding Ltd EAT/0308/13

4.    AECOM Ltd v Mallon [2023] EAT 104

5.     Adjusting your recruitment process for a candidate with a disability: What is reasonable? (RPC article, 18 September 2023)

6.    Waddingham v NHS Business Services Authority ET/1804896/13 & ET/1805624/13

7.     Shearer v South Lanarkshire Council 4107433/23 (Scottish ET)

8.    Archibald v Fife Council [2004] HL 32

9.    Rentokil Initial UK Ltd v Miller [2024] EAT 37

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Welcome to The Work Couch, the podcast where we discuss all things employment.

In our second live episode, recorded before a special audience of RPC clients, host Ellie Gelder

is joined by three leading voices in employment law to dissect - and make sense of - the transformational and ground-breaking Employment Rights Bill. The panel comprised:

• Professor Catherine Barnard, Professor of European law and employment law at the University of Cambridge;
• John Bowers KC, of Littleton Chambers. John is Principal of Brasenose College, University of Oxford, and also sits part-time as a judge in the Employment Appeal Tribunal; and
• Shantha David, Head of Legal Services at Unison, the UK's largest trade union.

The panellists each share their insights into the practical implications of many of the key reforms introduced by the Bill, including: "day one" rights to protection from unfair dismissal; restrictions on fire and re-hire; trade union-related reforms; changes to collective redundancy; bereavement leave and the strengthened duty to prevent sexual harassment.

They also provide their key watch-outs and tips for employers and business leaders, as they look to navigate the evolving employment law landscape.

Please note: This episode was recorded on 30 September 2025 in front of a live audience at RPC's London offices as part of the Employment, Engagement and Equality team's panel event exploring the Employment Rights Bill. All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

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We hope you enjoyed this episode. You can subscribe on Apple Podcasts and Spotify to stay up to date with all the latest episodes.

References

1. Employment Rights Bill

2. Written evidence submitted by Professor Alan Bogg and Michael Ford KC to The Employment Rights Public Bill Committee (ERB69) (December 2024)

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Welcome to The Work Couch, the podcast where we discuss all things employment.

Host Ellie Gelder is joined by consultant employment lawyer Victoria Othen to explore the government's proposed changes to welfare and disability benefits and how this may impact the duty on employers to make reasonable adjustments. In part one, they discuss:

·     The background to the proposed "Right to try work" scheme;

·     A reminder of the legal definition of disability as set out in the Equality Act 2010;

·     Factors that employment tribunals take into account when assessing if a claimant is disabled within the meaning of the Act;

·     The legal components of the duty to make reasonable adjustments; and

·     Whether or not employers require knowledge of a disability to trigger their duty to make reasonable adjustments.

Join us for part 2, when we will discuss what reasonable adjustments look like at each stage of the employment life cycle.

* Please note these podcasts will not run on Internet Explorer

We hope you enjoyed this episode. You can subscribe on Apple Podcasts and Spotify to stay up to date with all the latest episodes.

All information is correct at the time of recording.  The Work Couch is not a substitute for legal advice.

Please note: All information is correct at the time of recording. However, please note that this episode was recorded before the recent cabinet reshuffle and consequential changes in ministerial responsibilities, which took place on 5 September 2025. 

References

1.     Pathways to Work: Reforming Benefits and Support to Get Britain Working Green Paper (Government consultation opened on 18 March 2025 and closed on 30 June 2025)

2.    Employers: Influencing disabled people’s employment through responses to reasonable adjustments, Disability & Society (Research by Disability Research Specialists, 19 July 2022)

3.     Work Couch episode: Addiction at work: Disciplinary or wellbeing issue? With Charlotte Reid and Eleena Misra, KC

4.    Work Couch episode: Narratives, reasonable adjustments, and the business case for accessibility, with Samantha Renke

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