Felicity Aris

Changing circumstances – the impact on legacy fundraising

When does ‘continuing to exist’ not require continued existence? When you’re reading a Will referring to unincorporated charities, apparently.… A change in circumstances after a Will has been written can create real problems with a charity legacy. The case involving the charity British Camelids and several other animal welfare organisations – which was heard in …
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DCMS commits to review exclusion of national statutory museums and galleries from “ex gratia” regime

The Department for Culture, Media and Sport (DCMS) has now confirmed that it will review its decision to exclude sixteen statutory national museums and galleries from the commencement of the “ex gratia” powers in the Charities Act 2022 – and that it will do so by February 2027. The move comes against the backdrop of …
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The For Women Scotland judgment: what do charities need to know?

Last year, the Supreme Court was asked, ‘What is a woman?’ for the purposes of the Equality Act 2010. It gave a clear judgment last April in the landmark For Women Scotland Ltd v The Scottish Ministers [2025] case which ruled that a “woman” means a biological female. This does not include transgender women, even …
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Gender identity, protected beliefs, and single-sex facilities in the workplace: a review of Lockwood v Cheshire and Wirral NHS Trust & Others

The final months of 2025 saw four Employment Tribunal (“ET”) judgments being handed down in cases relating to gender identity, protected beliefs, and the use of single-sex facilities in the workplace – in the cases of Lockwood v Cheshire and Wirral NHS Trust & Others (ET/240211/24) [2025] (“Lockwood”), Kelly v Leonardo UK Ltd (ETS/8001497/24) [2025] …
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The latest Employment Rights Bill proposals: six month qualifying period for unfair dismissal protection and complete removal of the limit on compensatory awards?

Following the recent stalemate between the House of Commons and House of Lords on a number of key provisions in the Employment Rights Bill (“ERB”), on 5 December 2025 the Government confirmed that a number of significant changes will be made to the draft Bill, including: There will also be further amendments to address the …
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EHRC Services Code: updated draft still awaiting Government approval

What is the EHRC Services Code and why is it being updated? The Equality and Human Rights Commission (“EHRC”) submitted an updated draft of its Code of Practice for Services, Public Functions and Associations (“Services Code”) to the Government for approval on around 5 September 2025. It has been updated to reflect the Supreme Court’s …
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Levelling the playing field? Government launches voluntary Code for prize draw operators

Why the Code was introduced Prize draws, also known as “free draws”, have become a booming industry in the UK, worth an estimated £1.3 billion annually and attracting over 7.4 million adult participants. Unlike society lotteries, which are tightly regulated by the Gambling Commission under the Gambling Act 2005 and must comply with various requirements …
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Update on the Employment Rights Bill: Parliamentary ping pong continues

The Employment Rights Bill (“ERB”) is still in the process of making its, rather torturous, way through Parliament; with the House of Commons and House of Lords remaining in disagreement over a number of key provisions. The Government began four ERB consultations in October On 23 October 2025, the Government began consultations in relation to …
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From merriment to misconduct: preventing sexual harassment in the workplace during the festive party season

The festive season is fast approaching, and many organisations will be in the midst of planning end of year parties for their staff before the holiday period starts. This is, for many, a time for celebration; during which employers reward their staff, and colleagues socialise in a more informal setting. That’s great! What’s the problem? …
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Performance management, procedural unfairness and deductions to compensation: lessons from Zen Internet Ltd v Stobart

The recent decision in Zen Internet Ltd v Stobart [2025] EAT 153 provides useful guidance for employers on the requirements of procedural fairness in a dismissal relating to poor performance (here, in the context of a senior executive). It also clarifies the timeframe within which the principle in Polkey v A.E. Dayton Services Ltd [1988] …
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Redundancy procedure: online HR1 submission mandatory from December 2025 for large scale redundancies

When an employer is proposing to make large scale redundancies (of 20 or more employees at one establishment, within a period of 90 days), it must comply with stringent statutory collective consultation rules. These include a requirement to notify the Secretary of State (via the Redundancy Payments Service) of the proposed redundancies in advance, on …
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Ten things you need to know about the new Code of Fundraising Practice

The new Code of Fundraising Practice (“Code”) is now in force as of 1 November 2025. The Fundraising Regulator will use the new Code when investigating complaints received on or after 1 November. We have set out the top ten things that we think organisations need to know about the new Code to help get …
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