Updates

Navigating the Charity Commission’s new fundraising guidance CC20

Earlier this month, the Charity Commission published a significantly revised version of its guidance on charity fundraising. The new guidance contains some helpful clarifications but also introduces some new areas of confusion, because certain sections lack clarity or could be interpreted in misleading ways. We suggest that you treat the new guidance as a broad overview …
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Proscribing Palestine Action a ‘terrorist group’ was unlawful, High Court rules in judicial review challenge

A trio of judges in the High Court, including the President of the King’s Bench Division, have ruled that the ‘ban’ on Palestine Action by the Government in June last year under the Terrorism Act 2000 was disproportionate and unlawful.  The judgment was critical of the group, and ruled that “Palestine Action encourages its members…to …
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Online Safety Act update – Ofcom calls for evidence on content harmful to children

Under the Online Safety Act (the “OSA”), Ofcom must produce a report on content that is harmful to children at least every three years. Ofcom has published a call for evidence to support its first report. Background – duties towards children under the OSA The strongest protections in the OSA have been designed for children. …
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The Employment Rights Act 2025 comes into force – what’s next for employers?

This article was first published on 15 January 2026. It has been updated following the Government’s announcement on 3 February 2026 regarding its revised implementation timeline. On 18 December 2025, after much debate between the House of Commons and House of Lords, the Employment Rights Bill was finally approved, and received Royal Assent; becoming the …
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Government announces revised timetable for implementation of the Employment Rights Act 2025

On 3 February 2026, the Government published an updated implementation timetable for the Employment Rights Act 2025 (“ERA 2025”), revising its original roadmap which was published in July 2025 and confirmed again in December 2025. (See our articles on this here and here.) Key changes to the implementation timetable include: The new timetable gives no …
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The new charitable ‘soft opt-in’ now in force as of 5 February 2026

Changes to how charities can contact supporters It is not often that new data protection law actually makes it easier to do things. But that is the case with the Data (Use and Access) Act (‘the DUAA’). The legislation makes it easier for charities to contact existing supporters by e-mail and text message by extending …
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Case update: Sex Matters v City of London Corporation

The High Court has refused permission to a judicial review challenge brought by the charity Sex Matters to the trans-inclusive policies operated by the City of London Corporation (the “Corporation”) at the Kenwood Ladies’ Pond and the Highgate Men’s Pond.[1] As a permission decision, it is persuasive rather than binding precedent, but provides some valuable …
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Don’t say a word… to what extent can students’ unions require confidentiality from departing sabbatical officers?

In higher education students’ unions (SU) sabbatical officers (Sabbs) are now generally employed by the union (as well as often being appointed as trustees). As such, Sabbs benefit from the relevant legal rights and protections afforded to employees under employment law. When that employment relationship comes to an end, and in the event that there …
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Ex gratia payments – does the brand-new car come with back-seat driving?

In November 2025, the long-awaited changes to the ex gratia regime under the Charites Act 2022 came into force. By way of high-level summary, these put charities more in the driving seat, so to speak, with decision-making over ex gratia payments. Quick reminder – what is an ex gratia payment? An ex gratia payment is …
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Are your volunteers workers in disguise? Lessons from Maritime and Coastguard Agency v Groom

Is it possible for staff who have long been described as volunteers, to be workers in practice? On 14 January 2026, the Court of Appeal answered this question, in relation to the engagement of volunteer coastguards, with an emphatic “yes”; in the case of Maritime and Coastguard Agency v Groom [2026] EWCA Civ 6. The …
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Gender identity, protected beliefs, and single-sex facilities in the workplace: a review of Kelly v Leonardo UK Ltd

The end of 2025, and start of 2026, has seen 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 – the cases of Lockwood v Cheshire and Wirral NHS Trust & Others (“Lockwood”), Kelly v Leonardo UK Ltd (“Kelly”), …
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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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