On 23 October 2025, the UK government published four consultation papers under its “Make Work Pay” agenda. Two of the consultations are regarding proposals in the Employment Rights Bill on trade unions: seeking views on a proposed new legal duty for employers to inform workers of their right to join a trade union and the
Amanda Sanders (UK)
Competing for talent – CMA guidance on competition law relating to employment practices
By Amanda Sanders (UK) on
On 9 September 2025, the Competition and Markets Authority published guidance on Competing for talent, setting out cases where businesses may breach competition law through hiring employees and/or setting their employment T&Cs, including in relation to pay. The guide outlines what businesses can do to avoid breaking the law when working to recruit and…
What is time work for the purposes of the National Minimum Wage?
By Amanda Sanders (UK) on
In the recent case of Commissioners for HM Revenue and Customs v Taylors Services Ltd (dissolved) and ors, CA , the Court of Appeal has upheld the decision that time spent travelling from home to various locations is not ‘time work’ for the purposes of Reg 30 of the National Minimum Wage Regulations 2015 (NMW…
International jurisdiction in the Employment Tribunal
By Amanda Sanders (UK) on
In Prahl, Hofvenstam & Ågeback v Lapinski [2025] EAT 77, the Employment Appeal Tribunal (EAT) confirmed that the Employment Tribunal (ET) had international jurisdiction to hear discrimination claims brought under the Equality Act 2010 (EqA 2010) against individual respondents domiciled in Sweden. This appeal decision is a significant marker in the evolving landscape of cross-border…
Changes announced to the Employment Rights Bill
By Amanda Sanders (UK) on
On 7 July the UK government published significant amendments to the Employment Rights Bill (ERB) to be considered in the final stages of the ERBs parliamentary process. It is not clear which amendments will make their way into the final version of the Bill, but some have been proposed by Labour peers and are therefore…
Implementation of the Employment Rights Bill
By Amanda Sanders (UK) on
The UK government has published a roadmap setting out the timetable for implementation of the reforms set out in the Employment Rights Bill. This roadmap confirms that the UK government will take a phased approach to both consulting on these policies and introducing them following the Employment Rights Bill receiving Royal Assent. While the Bill…
Tackling Non-Financial Misconduct in Financial Services – the employment law perspective
By Amanda Sanders (UK) on
The FCA has issued a Consultation Paper proposing a series of changes aimed at strengthening the regulatory framework around non-financial misconduct (NFM) in the financial services sector. The Policy Statement provides a new rule (to come into force on 1 September 2026) that non-financial misconduct, such as bullying and harassment will apply to a broader…
High Court Clarifies scope of Liabilities that Transfer under TUPE.
By Amanda Sanders (UK) on
In the recent High Court decision of ABC v Huntercombe (No 12) Ltd and others, the court delivered a significant ruling clarifying the scope of liabilities that transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). Specifically, the court addressed whether vicarious liability for torts committed by employees prior to a…
Court of Appeal decision on whistleblower protections for job applicants
By Amanda Sanders (UK) on
In Sullivan v Isle of Wight Council, the Court of Appeal found against the Claimant’s application to extend the whistleblower protections afforded by the Employment Rights Act 1996 (the ERA) to job applicants. The Court of Appeal found that the exclusion of job applicants from such whistleblower protections in this instance was compatible…
Definition of “woman” for the purposes of the Equality Act 2010
By Amanda Sanders (UK) on
In For Women Scotland Ltd v The Scottish Ministers the Supreme Court unanimously decided that the definition of the terms “man” “woman” and “sex” in the Equality Act 2010 (EA 2010) refer to a persons biological sex. The appeal concerned the lawfulness of statutory guidance issued by the Respondent, which stated that a gender recognition…