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...
CPA 2026 materially widens corporate criminal exposure by extending attribution for all offences to conduct by ‘senior managers’ exercising significant decision-making power. This moves risk beyond the narrow ‘directing mind’ test and brings companies-particularly large, decentralised groups-under sharper enforcement scrutiny. Expect prosecutors to probe operational leadership, governance gaps and aggregate evidence across individuals. Boards should revisit delegation, clarify accountability and reinforce oversight of operational choices. A continuing hurdle is pinpointing who is a senior manager in complex structures, with courts likely to prioritise substance over form. More broadly, the regime will reshape how organisations record authority, decisions and escalation, with greater emphasis on demonstrating how choices are taken and supervised in practice. A reshaped strategic risk profile The most immediate effect of CPA 2026 is a broader range of situations in which a company can be criminally liable. Historically, attribution turned on the...
When someone seeks to buy a business, there are two principal routes available: the purchaser can acquire the whole of the issued share capital of the company that owns the business (a ‘share purchase’), or acquire the bundle of assets that make up the undertaking, which may include, for example, machinery, equipment, property, intellectual property rights, employees and contracts (an ‘asset purchase’). In a share purchase, the buyer takes the company as it stands, ‘warts and all’. The company continues as the employer and contracts of employment are unchanged, without interruption or alteration. Subject to a few narrow exceptions, the company’s existing and future rights, obligations, powers and liabilities towards former, current and prospective employees are not altered by the change of ownership. If the company has a subsidiary, the same principles will apply to that subsidiary’s relationship with its employees, if any. By contrast, if the buyer proceeds by means of an asset purchase, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 will probably apply, in most cases. TUPE 2006’s principal effect is that the employees assigned to the business immediately before completion of the acquisition move automatically to the buyer. While there are...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...