Updates

Gender identity, protected beliefs and single-sex facilities in the workplace: a review of LS v NHS England

The recent influx of Employment Tribunal (“ET”) cases relating to gender identity, protected beliefs, and the use of single-sex facilities in the workplace continues this month; with the case of LS v NHS England (“LS“) (the judgment for which can be found here). This is the fifth ET case in the last six months or …
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Right to Work checks are expanding: what employers need to do now

It is expected that in Autumn 2026, section 48 of the Border Security, Asylum and Immigration Act 2025 will expand the scope of UK right to work (“RTW”) compliance – beyond the current requirement to carry out RTW checks on employees, to include various casual and zero-hours workers, with potential fines of up to £60,000 …
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Home Office reverses extension of sponsor right to work duties

On 20 May 2026, the Home Office corrected an error in its 8 April 2026 sponsor guidance regarding sponsors’ right to work check duties. This is a welcome update for sponsors. The Home Office has confirmed that the position prior to 8 April 2026, that right to work checks are only required for employees and …
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Mediation in legacy disputes: top tips for charities

We recently hosted a mediation masterclass at the ILM Annual Conference 2026. The session drew on legal and in-house charity perspectives to explore when mediation is appropriate, and practical ways that legacy teams can manage mediation with confidence. We heard useful insights from guest speakers, Megan Paul (Cancer Research UK) and Kate Vowden (British Heart …
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The Renters’ Rights Act 2025: what faith-based charities need to know

The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025 and represents one of the most significant reforms to the private rented sector in decades. Although not yet fully in force, the Government is implementing its provisions in phases, allowing landlords – including faith-based organisations and charities providing housing or accommodation as part …
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Allison Bailey granted the right to appeal claim against Stonewall for causing discrimination to the Supreme Court

The Supreme Court announced on 6 May 2026, that it has granted Barrister Allison Bailey permission to appeal; against the Court of Appeal’s 2025 decision to dismiss her claim against the charity Stonewall, for causing the discrimination she was found to have been subjected to by her former Chambers (Garden Court). Ms Bailey previously brought …
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Updated EHRC Services Code delivered to Minister for Women and Equalities will shortly be laid before parliament

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 Minister for Women and Equalities on 13 April 2026. It will shortly be laid before Parliament for 40 days (if approved by the Minister), before coming into force (if …
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UK creative visas: New challenges for the festival season

As festival season nears, ongoing concerns persist about immigration rules for visiting artists – the UK’s status as a festival hub relies on attracting leading creative talent. Broader visa challenges facing creatives planning to perform or work in the UK this summer were highlighted when Kanye West, known legally as Ye, was refused an Electronic …
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ICO publishes guidance on use of the ‘charity soft opt-in’

The Information Commissioner’s Office (ICO) has now updated its ‘Direct marketing and privacy and electronic communications’ guidance in light of the changes made to the Privacy and Electronic Communications Regulations 2003 (‘PECR’) by the Data (Use and Access) Act 2025. Crucially, this includes the long-awaited final guidance on the use of the ‘charitable purposes soft …
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The imposed ban of upwards only rent reviews

The Government has proposed legislation to prohibit upwards only rent review clauses (UORR) in new commercial leases in England and Wales. The proposal was initially introduced on 10 July 2025 tucked away in a 338-page Bill dealing addressing devolution to mayors and strategic authorities called English Devolution and Community Empowerment Bill.  This has now received …
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Government consultation on proposals to restrict the scope of confidentiality clauses in NDAs

The numerous, and significant, employment law changes contained in the Employment Rights Act 2025 (“ERA 2025”), are currently in the process of being implemented – with the first tranche coming into force this month, and the remainder being rolled out over the course of the next couple of years. Of those provisions yet to be …
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Key changes to Home Office Sponsor Guidance (March 2026)

Sponsorship Guidance update On 6 March 2026, the Home Office published updated sponsor guidance introducing a significant new requirement: sponsors must now ensure sponsored workers “understand their employment rights” in the UK. This shift reflects a growing regulatory focus in response to exploitation in the sponsor licence sector, notably in social care. This in turn …
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