Reset, Review, Protect: 3 Employment Law Tips for Employers in 2026

As the New Year has just started, many of us begin adjusting back to work routines after a well-earned break. While this period can feel quieter from a business perspective, it is important for employers to use this time wisely to put the right foundations in place for the year ahead.

Using this slower period strategically can help to ensure your business is well protected, compliant, and prepared to handle issues before they arise.

1.      Stay Informed

The employment law landscape is constantly evolving, with regular amendments to legislation, modern awards, and regulatory guidance. As an employer, it is your responsibility to remain aware of changes that affect your workplace obligations.

A simple and effective way to do this is by subscribing to reliable, authoritative sources. In particular, we recommend following updates from the Fair Work Commission (subscribe here), the Fair Work Ombudsman (subscribe here), and SafeWork (subscribe here). Please subscribe or forward this email to the appropriate person in your organisation who can do so.

All bodies offer free email alert systems that keep subscribers informed of the key employment law developments, including award variations, wage increases, latest workplace health and safety news, and significant decisions. As these updates come directly from the relevant regulators, they are timely, accurate and highly reliable.

Staying informed helps employers to:

·       Remain compliant with current employment legislation and award obligations

·       Anticipate changes that may impact payroll, policies or contracts.

·       Respond proactively to workplace issues as they arise

·       Seek advice early, rather than after issues escalate

2.      Ensure your Contracts are up to Date

DO. NOT. USE. OUTDATED. CONTRACTS

Employment contracts are one of the most important tools employers have to protect their business. However, contracts that are outdated, poorly drafted, or no longer aligned with the current legislation or the way the business operates can create significant risk if an issue arises.

Employment laws change regularly, and contracts that were appropriate a few years ago may no longer comply with the current requirements. Using contracts that do not reflect these changes can leave key provisions unenforceable and expose businesses to disputes, underpayment claims and regulatory action.

It is also important that employment contracts accurately reflect the reality of the working relationship. Where contracts do not align with how employees are actually engaged, Courts and regulators may place little weight on the written terms, particularly in disputes involving termination, entitlements, or employee classification.

Regularly reviewing and updating employment contracts helps ensure they:

·       Comply with current employment legislation

·       Reflect how your business actually operates

·       Clearly set expectations and entitlements

·       Place your business in a stronger position if disputes arise.

3.      Evaluate your Workplace Policies

Not only should employers be reviewing their employment contracts during this time, they should also place equal emphasis on ensuring workplace polices are current and effective.

Workplace policies play a critical role in setting expectations, managing performance and conduct, and providing clear processes for workplace matters. While businesses are often focused on policies as a toll to address underperformance or misconduct, these documents are equally important in protecting employees by promoting safe, fair and lawful workplaces.

Employers are required by law to take proactive and preventative steps to protect their employees. Internal policies and procedures should reflect these obligations and clearly demonstrate how a business identifies, manages, and responds to workplace risks.

Policies that are outdated, inconsistent with the current legislation, or misaligned with how a business actually operates can significantly weaken an employers position. In practice, this can leave employers exposed to claims relating to bullying, harassment, discrimination, performance management and unfair dismissal.

Regularly reviewing and updating workplace policies helps to ensure they:

·       Reflect current legal obligations

·       Support fair and consistent decision-making

·       Provide clarity for both employers and employees

·       Reduce the risk of disputes and claims.

The start of the year is an ideal opportunity for employers to audit their workplace policies and ensure they remain fit for purpose and aligned with the current legislative requirements.

Key Takeaways for Employers in 2026

·       Stay informed of employment law changes by following reliable and authoritative sources

·       Take a proactive approach early in the year to reduce risk and prepare for issues before they arise

·       Review and update employment contracts to ensure they reflect current legislation and how your business operates

·       Audit workplace policies to confirm they are current, practical and aligned with legal obligations.

Feel free to contact our team for practical and timely advice.

This article is not legal advice, and the views and comments are of a general nature only. This article is not to be relied upon in substitution for detailed legal advice.

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