Updates

Redundancy consultation processes: Is it ok to score first and consult later?

It is a well-known tenet of Employment Law, that having a genuine and meaningful consultation with affected staff, at a formative stage and prior to any dismissals taking effect, is a cornerstone of a fair redundancy process. In the case of ADP RPO UK Ltd v De Bank Haycocks, the Court of Appeal found that, …
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The downstream impact of Finch v Surrey County Council, one year on

Last week marked one year since the landmark decision in R (Finch) v Surrey County Council, a challenge to Surrey’s decision to allow the expansion of an onshore oil well site. In its June 2024 judgment, the Supreme Court held that, in its decision, the Council should have weighed “downstream” greenhouse gas emissions. These would …
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Briefing for Charities & Social Enterprises | 24 June

Our weekly round up of news and updates from across the sector. To help you navigate this week’s content, the links below will take you straight to content by topic. Charity Commission The latest edition of Charity Connection focuses on celebrating small charities and covers World Whistleblower Day, mentioning various whistleblowing resources for charities. See …
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Ten things you need to know about the new Code of Fundraising Practice

After three years of consultation and engagement by the Fundraising Regulator on changes to the Code of Fundraising Practice (the ‘Code’), the new draft has now arrived. There will be an implementation period to get ready for it, with the new Code coming into force on 1 November 2025. The existing (2019) version of the …
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Keys with conditions: What you need to know about service occupancies

Service occupancies are a common but often misunderstood arrangement, especially for organisations like charities, schools, care providers and religious institutions that offer housing to employees as part of their job. While convenient in many ways, service occupancies carry significant legal complexity, particularly if the employment relationship ends or changes over time. What is a service …
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Briefing for Charities & Social Enterprises | 18 June

Our weekly round up of news and updates from across the sector. To help you navigate this week’s content, the links below will take you straight to content by topic. Charity Commission Updated guidance on raising concerns The Charity Commission has updated its guidance on raising a concern with the Commission (CC47). The press release …
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Creating a ‘Speak Up’ culture in purpose-driven businesses: The benefits of an effective whistleblowing framework

Bates Wells convenes the Impact Counsels’ Forum, a space for senior counsel working within impact investors, B Corps, and other purpose-driven businesses. The forum discusses the ‘impact angles’ on legal and practical issues faced by in-house legal teams. Recently, the forum explored the benefits of an effective whistleblowing framework and how that can support an …
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UK creative visas: festival season challenges?

In March 2025 the performer FKA twigs hit the headlines for having to pull out of her North American tour at the eleventh hour, blaming her team for not securing her US visa in time.  US visas are often known for complexity and high costs, but how does the UK compare? The UK’s rich and …
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Briefing for Charities & Social Enterprises | 11 June

Our weekly round up of news and updates from across the sector. To help you navigate this week’s content, the links below will take you straight to content by topic. Charity Commission We reported a few weeks ago that the Charity Commission’s guidance CC30, Finding and appointing new trustees, has been updated. We’ve reviewed the …
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Using the law to create change – a new guide for charities and campaigning groups

In partnership with NEON, this new guide explains how your organisation can use the law to create meaningful change. Legal action is rarely enough to drive systemic change on its own, but the law can be a powerful tool for purpose-driven organisations, especially when combined with other tactics within a broader campaign strategy. The guide …
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Codification and expansion of the rules limiting confidentiality provisions in Non-Disclosure Agreements for victims of crime

The Government has announced that it will be codifying and expanding the rules limiting the application of confidentiality provisions in Non-Disclosure Agreements (“NDAs”) to victims of crime, in order to give the latter greater protections.  Section 17 of the Victims and Prisoners Act 2024 will come into force on 1 October 2025, and will clarify …
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Employment Status: Tribunal finds exam invigilator was worker not self employed: Lessons from Shanks v Scottish Qualifications Authority

In Shanks v Scottish Qualifications Authority, the Employment Tribunal ruled an exam invigilator was a worker under employment law and entitled to holiday pay. This case highlights the importance of aligning contractual terms with actual working practices and serves as a warning to employers about the importance of correctly assessing the employment status of those …
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