Could new workers’ rights increase workplace conflict in Scotland?

Close to half (47 per cent) of Scottish employers expect workplace conflict to increase because of at least one or more of the new employment reforms being introduced this year. This finding – from the CIPD’s quarterly Labour Market Outlook report of more than 2,000 UK employers – underscores the concern among organisations navigating the UK government’s ambitious overhaul of workers’ rights.

The measures – under the UK Government’s Employments Rights Act 2025 (ERA) – represent one of the most significant shifts in workplace regulation in recent years. They expand protections and rights for workers. Key changes introduced already this year include:

• Greater access to Statutory Sick Pay (SSP) – SSP is now available from the first day or sickness, and the ‘lower earnings limit’ has been removed as a threshold to qualification for SSP.
• New whistleblower protections – to encourage and protect workers to disclose sexual harassment.
• Extended ‘family leave’ rights – paternity leave and unpaid parental leave are now available from the first day of employment as is a new ‘bereaved partners’ paternity leave.
• The creation of a new Fair Work Agency to enforce core rights such as the national minimum wage and holiday pay.

Marek Zemanik, Senior Public Policy Advisor for the UK nations at the CIPD, the professional body for HR and people development

These employment law reforms aim to improve fairness at work. But for many employers – particularly small businesses without dedicated HR support and people management systems – implementing and adhering to these changes will be challenging. Without the right knowledge, systems and support, there is a real risk of unintentional non-compliance. That, in turn, could lead to an increase in formal disputes and tribunal claims.

However, in many cases, these reforms could bring existing or unresolved issues to the surface, rather than create entirely new ones. Therefore, it’s crucial that organisations are better equipped to deal with, and resolve, any conflict quickly and effectively.

Too much conflict goes under resolved

Our research suggests that all too often workplace issues are suppressed rather than resolved. The CIPD’s annual Working Lives Scotland report found that 41 per cent of Scottish workers who had experienced workplace conflict said they simply “let it go”.

The report – based on a survey of 1,000 Scottish workers – also found that conflict at work is not experienced evenly. Around a third (32 per cent) of women in Scotland experienced workplace conflict, compared with 22 per cent of men. Meanwhile, just 5 per cent of fully remote workers experienced conflict while working, rising sharply to 33 per cent among those who are always on-site. These disparities point to deeper workplace and management challenges that legislation alone cannot fix.

Managing conflict better

If the new workers’ rights are to succeed, they must be matched by a step change in how organisations prevent and manage conflict – and that starts with HR and line managers.

They will be on the frontline of adhering to these reforms, yet line managers can lack the training, time or confidence to navigate increasingly complex employee relations issues. Without investment in management capability, even well-intentioned employment law reforms risk being undermined by inconsistency and misunderstanding.

This challenge is particularly acute for small businesses where in-house HR expertise and people management is often limited, and operational pressures may be high. For these organisations, clear, accessible guidance and external support will be critical.

Employers need to get the basics right by updating their workplace policies and communicating the changes clearly to employees, and ensuring managers understand both the legal implications and how to respond to concerns within their teams.

Prevention is key, not just resolution

A stronger focus on preventing conflict in the workplace is equally important as being equipped to manage and resolve it. Prevention will help to ensure any issues do not escalate or increase.

This means building open, responsive workplace cultures where employees feel safe to raise concerns early and confident they will be taken seriously. It also requires managers to keep workloads manageable and to address issues informally, fairly and sensitively before they escalate.

Leadership is central to making all this work. When senior leaders model respectful behaviour, encourage open dialogue and act decisively on concerns, they set the tone for the entire organisation.

Building fairer, more resilient workplaces

Further employment law measures are expected to be implemented later this year and into 2027. These include enhancing the role of trade unions, giving them a new statutory right to access workplaces, even where there is no existing union presence.

The CIPD has called on the UK and Scottish governments to continue to consult meaningfully with employers and business bodies and, where necessary, compromise on key measures still to be finalised to ensure any changes work in practice, not just on paper.

Handled well, these reforms could lead to healthier employment relationships where issues are raised earlier, resolved more effectively, and less likely to escalate into formal disputes. Handled poorly, they risk doing the opposite – exposing gaps in capability and increasing workplace tensions.

Therefore, it’s imperative that employers adapt, invest in people management skills, and strengthen workplace practices to ensure any conflict is managed constructively, and where possible, used as a catalyst to build fairer, more resilient workplaces.

Marek Zemanik, Senior Public Policy Advisor for the UK nations at the CIPD, the professional body for HR and people development