Employment Law

The Department for Business and Trade (DBT) has published a summary of views expressed by stakeholders at roundtables held in January and February 2026 on changes to unfair dismissal under the Employment Rights Act 2025. The Department for Business and Trade (DBT) has released an overview of stakeholder opinions gathered during roundtable sessions in January and February 2026 concerning reforms to unfair dismissal provisions within the Employment Rights Act 2025......

In this issue: Horizon scanning Status and worker categories Recruitment Benefits Prohibited conduct Prohibited conduct protection at work Corporate governance Employment Tribunals Dates for your diary Trackers Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Government announces overhaul of fit note system and publishes call for evidence results The Department for Work and Pensions (DWP) and the Department of Health and Social Care (DHSC) have released the findings of a call for evidence on fit notes, and confirmed four pilot projects in parts of England designed to address the ‘broken’ fit note system. Run by the previous government from April to July 2024, the evidence call drew 1,959 responses. It assessed how the current fit note arrangements shape work and health...

Section 6 of the Victims and Prisoners Act 2024 supersedes VPA 2024, s 17, scrapping the prior constraint that protected disclosures had to be made to particular recipients for specified purposes. Any term in any agreement, including commercial non-disclosure agreements (NDAs), is void to the extent it seeks to stop a victim, or someone who reasonably believes they are a victim, from revealing relevant criminal conduct-or the counterparty’s reaction to it-to anyone, for any purpose. The new provision binds the Crown, subject only to a tightly drawn national security exception. This analysis examines how these reforms align with existing common law limits on confidentiality and their consequences for standard commercial NDA templates. It is written by Richard Hanstock, a barrister at Cornerstone Barristers and the founder of Deeptech Legal, an SRA-authorised firm specialising in cybersecurity, artificial intelligence, defence technology and national security...

This Practice Note This Practice Note explores why an employer may issue an employee handbook or employee manual (also known as a staff handbook, staff manual or company policy manual). It sets out typical contents and how to present terms that must be reasonably accessible, covering disciplinary and grievance frameworks, holiday pay, sickness absence and pay, contractual and non-contractual policies, workplace rules and procedures, intranet publication, gender neutrality, the contractual status of policies, whether terms can be incorporated, permanent health (PHI) and other insurance, and how to make changes or amendments. It also references the Lexis®Smart Precedent employee handbook and other relevant documents. Certain aspects of the employment and worker relationship must appear in a written statement of particulars of employment given to the employee or worker (see Practice Note: Written statements of employment particulars). Those particulars are often placed within the...

SM&CR—applications to perform SMFs, notifications, and withdrawal of approval Note: On 15 July 2025, the government unveiled the Leeds Reforms, setting out plans to simplify the SM&CR. At the same time, the PRA and FCA issued consultation papers CP18/25 and CP25/21. See News Analysis: Reform of the SM&CR—Proposals and next steps. The regulators propose a two‑stage reform, with Phase Two to follow subject to HM Treasury consultation and legislative changes. Final Phase One requirements are expected by mid‑2026. Any Phase Two consultations will depend on HMT legislation. The Senior Managers and Certification Regime (SM&CR) and the Approved Persons Regime (APR) constitute the UK regulators’ framework for supervising individuals in financial services, providing for individual approval by the Financial Conduct Authority (FCA) and, where required, the Prudential Regulation Authority (PRA). In 2016, the SM&CR replaced the APR for...

This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence (AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property (IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation (EU) 2024/1689 laying down harmonised rules on artificial...

[ Provide the particulars of the electorate as set by the employer, e.g. the entire workforce, night shift, day shift, management, non-management, or department ] Candidate details: (For completion by the candidate) Seconder details: (For completion by the seconder) I intend to put myself forward as a nominee for [ employee OR worker ] representative. I agree to second this nomination......

[To appear on the client’s headed paper or bearing the client’s logo] Status determination statement This status determination statement is issued in line with the requirements of section 61NA of the Income Tax (Earnings and Pensions) Act 2003, and concerns the off-payroll rules. The off-payroll rules may apply where a worker (often described as a contractor) supplies their services through their own limited company (commonly called a personal service company, or PSC), or via another form of intermediary, to a client that is a public authority, or a medium or large private sector organisation with a UK connection. The rules take effect if a worker delivers services to a client through an intermediary but, if engaged directly, would be treated as an employee for tax purposes; they ensure such individuals pay broadly the same tax and National Insurance contributions (NICs) as...

[ To be typed on headed notepaper ] [ Insert date ] Dear [ insert name of employee ], I write further to our meeting on [ insert date ] [ , at which you were accompanied by [ insert name ] ]. During that discussion, you were advised that your performance is unsatisfactory, and the respects in which it fails to meet the expected standards were outlined. [ In particular, you were told that you have failed to meet the required improvements in performance set out in [ the performance improvement plan (‘PIP’) included in ] the written improvement notice previously sent to you dated [ insert date ] ]. You were given a full opportunity to comment on these matters......

If there is a share purchase, the employer’s identity remains the same and, if the incoming owner wishes to have a key employee or the MD enter into a fresh long-term agreement, this will need to be negotiated between the parties. For further details on employment issues in share purchases, see Practice Notes: Share purchases—employment issues acting for the buyer Share purchases—employment issues acting for the seller Where an asset purchase falls within the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, then—subject to an employee’s right to object to the transfer (see Practice Note: Employee transfer—Employee right to object to the transfer)—the employment contracts of those employed by the transferor and assigned to the organised grouping of resources or employees that is the subject of the relevant transfer, and which would otherwise be ended by the...

It can sometimes occur that an employee has more than one employer, and their contract of employment expressly confirms this. Joint employment should be distinguished from arrangements like secondments, where the sole employer lends their employee’s services to a third party, or from sole employment where the contract terms permit the employer to direct an employee’s work to a third party. A joint employment contract should plainly set out the basis on which each joint employer exercises control over the employee, and may provide for an indemnity between the joint employers in the event of an employment tribunal claim......

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, reg 4 Where a relevant transfer occurs under these provisions, there is a novation imposed by statute of the contracts of employment of the staff who transfer; the incoming employer stands in the place of the outgoing employer, and each employment contract continues after the transfer as if it had been originally concluded between the employee and the transferee throughout for all relevant legal purposes thereafter......