Last updated 6th May 2026

We’ve created this tracker to keep you up to date with all the latest developments in Employment and Immigration law – please bookmark it to make sure you don’t miss our latest posts. You can see what’s on the horizon at a glance by using the links below to see a summary of the current status of the latest developments.

Please note that this material has been published for informational purposes only and does not constitute legal advice.

Recent Updates

• Statutory Rate Increases
• Consultations / Impact Assessments
• Government Guidance

Key legislation

• Employment Rights Act 2025

Other key legislation

• The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2025
• The Protection from Sex-Based Harassment in Public Act 2023 (Commencement) Regulations 2026
• Paternity Leave (Bereavement) Act 2024
• Equality (Race and Disability) Bill
• Legislation to limit the length of non-competes

Key cases

• Dobson v North Cumbria Integrated Care NHS Foundation Trust [2026] EAT 32 (27 February 2026)
• Maritime and Coastguard Agency v Groom [2026] EWCA Civ 6 (14 January 2026) – definition of a worker
• Mr Sita Rama Swamy Kankanalapalli v Loesche Energy Systems Limited [2026] EAT 49 (20 January 2026)

As of April 2026, the National Minimum Wage will increase as follows:

• Wages for those aged 21 and over will rise to £12.71 per hour;
• Wages for 18–20 year olds will increase to £10.85 per hour; and
• Wages for 16–17 year olds and apprentices will increase to £8.00 per hour.
• Additionally, the accommodation offset will increase to £11.10 per day.

On 6 April 2026, the weekly rates of statutory payments increased, including statutory sick pay, maternity pay, adoption pay, paternity pay, shared parental leave pay, neonatal leave pay and parental bereavement pay.

These are:

• Statutory sick pay – £123.25 or 80% of average weekly earnings, whichever is lower. This will be payable from the first full day of sickness.
• Statutory maternity pay, paternity pay, adoption pay, shared parental leave pay, neonatal leave pay and parental bereavement pay – £194.32

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Employment

New pay transparency measures

The government is seeking to increase pay transparency by providing that employers take certain measures, such as providing specific salary or salary ranges in job adverts and banning questions about a candidate’s salary history. The government is investigating four points in particular, namely:

• Identifying and addressing patterns of pay discrimination
• Extending effective equal pay protections to ethnic minority and disabled individuals
• Preventing employers from using outsourcing arrangements to circumvent equal pay obligations
• Strengthening enforcement mechanisms, including establishing the Equal Pay Regulatory and Enforcement Unit with trade union involvement

The government called for input on proposed pay transparency measures as part of a wider call for evidence on equality law.

Call for evidence closed: June 2025

What’s next: The outcomes of this call for evidence are pending.

Duty to inform workers of right to join a union

The Employment Rights Act (ERA 2025) introduces a new duty on employers to provide their workers with a written statement informing them of their right to join a trade union at the start of their employment and at other times.

The Department for Business and Trade sought views on how this new duty can be implemented effectively while minimising the burden on employers. Specifically, it requested details on:

• what form the statement should take
• what content should be included
• the manner in which the statement must be delivered
• the frequency with which the statement must be reissued after the beginning of employment

Consultation closed: 18 December 2025

What’s next: An outcome from this consultation is pending.

Leave for bereavement including pregnancy loss

The ERA 2025 introduces a new day-one right to unpaid bereavement leave for employees who experience the loss of a loved one, including pregnancy loss before 24 weeks.

A consultation on this new right was undertaken, seeking views on eligibility criteria, types of pregnancy loss in scope, when and how bereavement leave can be taken as well as notice and evidence requirements.

Consultation closed: 15 January 2026

What’s next: An outcome from this consultation is pending.

Enhanced dismissal protections for pregnant women and new mothers

The government is introducing legislation which will make it unlawful to dismiss pregnant women, mothers on maternity leave, and mothers who return to work for at least a six-month period after they return, except in specific circumstances. This legislation is expected to come into force in 2027.

This consultation sought views on a number of points, including: the specific circumstances in which the dismissal of pregnant women and new mothers should still be allowed, when the protections should start and end as well as whether other new parents should be covered by the protections.

Consultation closed: 15 January 2026

What’s next: An outcome from this consultation is pending.

Draft code of practice on electronic and workplace balloting for statutory union ballots

The government will introduce a new statutory code of practice on electronic and workplace balloting to accompany the introduction of these methods for statutory union ballots. This new code will provide practical information on the conduct of these ballots.

This consultation invited views from all interested parties to ensure this new code of practice is clear and balanced.

Consultation closed: 28 January 2026

What’s next: An outcome from this consultation is pending.

Fire and rehire

Dismissing or replacing an employee to alter core employment terms (known as “restricted variations”) will constitute automatic unfair dismissal under the ERA 2025, unless a narrow exemption applies. An exemption will only apply where an employer can show:

• evidence of financial difficulties that were affecting, or were likely in the immediate future to affect, the business’ viability
• the reason for the replacement of the employee was to eliminate, prevent, significantly reduce or significantly mitigate the effects of those financial difficulties and
• the employer could not reasonably have avoided the need to replace the employee.

This consultation specifically asked for feedback on which expenses, benefits, and shift changes amount to “restricted variations” under these new protections.

Consultation closed: 1 April 2026

What’s next: An outcome from this consultation is pending.

Draft code of practice on recognition and e-balloting unfair practices

This consultation sought views on two areas of trade union law.

The first concerns the revised code of practice for recognition and derecognition of unions. With changes coming into force on 6 April 2026, this consultation was crucial to ensure the code of practice was updated accordingly.

The second part of the consultation was on proposed legislation to prevent unfair practices in electronic ballots.

Consultation closed: 1 April 2026

What’s next: An outcome from this consultation is pending.

Protection from detriments

The ERA 2025 is introducing new statutory protections for workers against employer detriments designed to penalise, prevent, or deter them from participating in official industrial action. However, the government has yet to specify which detriments will be prohibited. This consultation seeks views on the types of detriments to be captured by the legislation.

Consultation closed: 23 April 2026

Draft code of practice on right of trade unions to access workplaces

The ERA 2025 introduces a new framework for trade union workplace access both in person and digitally, coming into force in October 2026. Following a consultation that closed on 18 December 2025, the government published a draft Code of Practice on 8 April 2026, which will be the main source of practical guidance on this new statutory framework once it is finalised following a second round of consultation.

The Code provides guidance on the following (as well as a number of additional recommendations):

• making access requests;
• negotiating and implementing voluntary and formal access agreements;
• referring matters to the Central Arbitration Committee (CAC) if negotiations fail;
• CAC decision-making principles and relevant factors; and
• other considerations, including eligible unions, employer thresholds and financial penalties.

Consultation closes: 20 May 2026

Threshold for triggering collective redundancy obligations

Under the ERA 2025, employers will be required to undertake collective redundancy consultation and notification to the Secretary of State where proposed redundancies across their organisation as a whole meet a specified threshold.

The government is seeking views on the threshold number and methods by which the new organisation-wide threshold for triggering collective redundancy obligations might be set.

Consultation closes: 21 May 2026

Consultation on TUPE effectiveness

On 8 April 2026, the government launched a consultation seeking views on the effectiveness of Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) which will inform potential reforms and policy proposals aimed at strengthening employee protections and improving efficiency.

The 24 questions cover:

• current TUPE protections;
• determining whether a relevant transfer under TUPE has occurred;
• the transfer process surrounding TUPE, including consultation with employee representatives;
• guidance and support available to employee representatives and employers during the TUPE process;
• varying terms and conditions of employment;
• costs and impact of TUPE transfers; and
• potential unintended consequences for individuals with protected characteristics under the Equality Act 2010 or from specific socio-economic backgrounds.

To date, the government has not set out any specific proposals relating to the reform of TUPE and it remains to be seen whether the call for evidence will result in any proposals for change and, if so, when and how any reforms will be implemented.

Consultation closes: 1 July 2026.

Misuse of NDAs in workplace harassment and discrimination cases

The government has launched a consultation in relation to regulations which will render void any NDA provision that prevents a worker from disclosing information about workplace harassment or discrimination.

NDAs will remain enforceable only where they form part of an “excepted agreement” that satisfies conditions set out in regulations. The government proposes that such conditions should include independent legal advice, explicit written consent, a 14-day cooling-off period, provision of an accessible written copy of the agreement and a requirement that the NDA relate only to conduct that has already occurred. The consultation also seeks views on permitted disclosures (including to law enforcement, lawyers, regulators, and close family), and on extending protections to agency workers, those on work placements, and certain self-employed individuals.

The changes are expected to come into force during 2027.

Consultation closes: 8 July 2026.

Single ‘worker’ status

The government have outlined in their Next Steps document that it intends to introduce a two tier status framework comprising of workers and self-employed individuals.

At present, the status framework includes employees, workers and employees. Each status has different rights, with notable overlap between the rights of employees and workers. For example, while workers have some employment rights, they are not entitled to others, such as protection against unfair dismissal.

As part of this consultation, the government proposes to explore how to implement its targeted and specific manifesto commitments to enhance protections for self-employed workers. Although consultation on single ‘worker’ status was expected before the end of 2025, such consultation has yet to begin.

At present, no draft legislation on single worker status has been proposed and single worker status is not addressed in the ERA 2025.

Consultation opens: TBC

Immigration

Global Talent and Innovator Founder visa routes

As part of the Migration Advisory Committee’s self-commissioned review to assess how best the immigration system could be used to attract top talent to the UK, it has launched a call for evidence on the Global Talent and Innovator Founder visa routes.

Consultation closed: 1 May 2026.

Digital ID

The government is seeking views on introducing a digital ID system. The system would enable secure access to public services and digitalise right to work checks. Digital ID would be free, optional, and accessible via smartphone or tablet for individuals aged 16 or over (with proposals to potentially lower this to 13 or from birth). It would include the holder’s name, date of birth, photograph and nationality – but not sex or gender identity. The government intends digital ID to become central to the UK’s right to work regime. However, it will remain optional and access to public services will not be made dependent on having digital ID.

Consultation closed: 5 May 2026. Responses can be submitted online or sent by email to consultation@digitalid.cabinetoffice.gov.uk.

Avoiding unlawful discrimination while preventing illegal working

The Home Office has published a draft updated Code of Practice on preventing unlawful discrimination during right to work checks. The consultation closed on 29 April 2026 and the changes are expected to apply from October 2026.

The draft Code expands the definitions of “employer” and “worker” to include gig economy workers, zero-hours contractors and those engaged via online platforms, aligning with section 48 of the Border Security, Asylum and Immigration Act 2025.  It introduces explicit provisions addressing technical failures in online verification systems, ensuring individuals are not disadvantaged when digital routes are unavailable through no fault of their own.

Employers cannot mandate digital checks except for eVisa holders, and all right to work checks must be applied consistently across applicants regardless of the method used, reinforcing non-discrimination principles throughout the recruitment process.

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Ban on unpaid internships

A call for evidence on banning unpaid internships closed on 9 October 2025. The government’s March 2026 response stopped short of introducing a ban but committed to expanding National Minimum Wage guidance to improve employer compliance and worker awareness; cracking down on non-compliant employers through existing channels and the Fair Work Agency; and raising awareness of workers’ rights through campaigns targeting young people.

Importantly, the absence of a statutory ban does not make unpaid internships legal. Under existing law, anyone qualifying as an “employee” or “worker” must receive at least the National Minimum Wage. The key question is whether an intern meets these legal definitions.

While the practical position remains largely unchanged, the enforcement environment is about to become tougher.

Code of practice on industrial action ballots and notice to employers

This Code of practice, issued in March 2026, provides guidance for trade unions on conducting lawful industrial action ballots. It requires unions to appoint an independent scrutineer for ballots involving more than 50 members, give employers at least seven days’ notice before a ballot opens, ensure voting is secret and conducted by post and provide at least ten days’ notice before any industrial action begins.

The Code reflects changes introduced by the ERA 2025, including the removal of the previous 50% turnout threshold for ballots, though this change awaits commencement by secondary legislation. Crucially, unions that fail to comply with the ballot and notice requirements will lose their legal immunity from civil liability and may face court proceedings, including injunctions. It supersedes the Code issued in 2017.

Code of practice on picketing

This Code of Practice, issued in March 2026, sets out guidance on lawful picketing during trade disputes. It supersedes the Code issued in 2024 and has been updated to reflect the ERA 2025 which removed the previous requirement for unions to appoint a picket supervisor. Picketing is lawful only if conducted at or near the picket’s own place of work, in furtherance of a trade dispute, and solely for the purpose of peacefully obtaining or communicating information or persuading others to work or not to work.

The Code recommends that no more than six pickets should be present at any entrance or exit, and that an experienced person – preferably a union official – should be in charge of the picket line and liaise with police. Whilst pickets acting lawfully benefit from statutory immunity against certain civil claims, this protection does not extend to other wrongs such as trespass, nuisance, harassment or obstruction, nor does it prevent criminal prosecution.

Please find our dedicated ERA 2025 tracker here.

The early conciliation period has been extended. Previously, parties had a six-week period, from the point at which an employee notifies ACAS of their claim, to conciliate. The new regulations have doubled this conciliation period to twelve weeks.

Date of entry into force

1 December 2025.

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It is now a criminal offence to commit intentional sex-based harassment causing alarm or distress. The key elements of the offence are:

• Where a person uses threatening, abusive or insulting words or behaviour, commits disorderly behaviour or displays such material.
• It applies in public or private places (excluding dwellings). Defences include being inside a dwelling with no reason to believe the conduct would be perceived outside, or that the conduct was reasonable.
• It can be committed regardless of sexual gratification or additional motivations beyond the victim’s sex.

“In public” encompasses streets, open spaces, public transport (including taxis and private hire vehicles), public buildings (such as cinemas and shops), and may extend to online behaviour.

Date of entry into force

1 April 2026.

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The Paternity Leave (Bereavement) Act received Royal Assent on 24 May 2024, and the Bereaved Partner’s Paternity Leave Regulations 2026 introduced the supporting secondary legislation. The Act makes provisions about paternity leave in cases where a mother, or a person with whom a child is placed or expected to be placed for adoption, dies.

Employees with responsibility for bringing up a child have a day-one right to up to 52 weeks’ bereaved partner’s paternity leave where the child’s mother/birth parent, primary adopter, or (in surrogacy cases) intended parent dies within the child’s first year. Leave must generally be taken as a single continuous block within 52 weeks of birth, placement and entry to Great Britain for overseas adoptions, and is usually unpaid unless employer policy provides otherwise. The notice requirements for taking leave differ depending on whether the death occurs less than 8 weeks or more than 8 weeks after the birth. During leave, employees are protected against dismissal and detriment, benefit from enhanced redundancy protection (including priority for suitable alternative vacancies), continue to accrue holiday, and retain the right to return to the same job or a suitable alternative.

Date of entry into force

6 April 2026.

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Announced in the King’s Speech 2024, the draft Equality (Race and Disability) Bill aims to introduce a statutory right to equal pay for ethnic minorities and disabled people – making it easier to challenge pay disparities due to ethnicity or disability – and extend pay gap reporting, requiring employers with 250 or more employees to disclose pay gaps related to ethnicity and disability.

Date of entry into force

TBC. On 25 March 2026, the government published its consultation response confirming that, following overwhelming support, mandatory ethnicity and disability pay gap reporting will be introduced for employers with 250 or more employees (mirroring the threshold for equality and menopause action plans). No timetable has yet been announced.

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On 26 November 2025, the Labour government published a working paper on options for reform of non-compete clauses in employment contracts. The working paper details proposals for options such as a total ban on non-compete clauses, a financial threshold on non-compete clauses which would mean they are only enforceable on higher earners, and a statutory limit on the length of non-compete clauses.

The CMA published its response to the working paper on 25 February 2026, recognising the importance of labour market mobility for competition and economic growth. It acknowledged that restrictive covenants serve legitimate purposes – promoting investment in training, developing client relationships, and protecting confidential information. However, it views non-competes as a “blunt” tool, noting that more targeted mechanisms (such as non-disclosure agreements, claw-back provisions and garden leave) may be less restrictive of labour mobility.

The CMA favours the “combined” approach set out in the DBT working paper, involving:

• a total ban on non-competes below a defined salary threshold; and
• restricting the duration of non-competes above this threshold.

A duration limit alone (such as the proposed three-month cap) was considered insufficient, particularly for lower-paid employees or those unable to afford unpaid periods between jobs. Equally, a blanket ban would not be appropriate, as non-competes remain more justifiable for senior roles.

Date of entry into force

TBC. However, given that part of the CMA’s function is to advise the government on competition law policy, its response is likely to carry considerable weight.

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Dobson v North Cumbria Integrated Care NHS Foundation Trust [2026] EAT 32 (27 February 2026)

Claims: Unfair dismissal and discrimination

Background: Mrs Dobson, a part-time community nurse with disabled children, had worked fixed days since 2008 due to caring responsibilities. In 2016, the Trust introduced a policy requiring all community nurses to work flexibly, including weekends. Mrs Dobson refused any change to her pattern and was ultimately dismissed.

Decision: On a second appeal, the EAT upheld the tribunal’s finding that the policy was a proportionate means of achieving the Trust’s legitimate aims of providing 24/7 patient care and balancing workload. The EAT confirmed the tribunal was entitled to consider both group and individual disadvantage, and to take into account Mrs Dobson’s unwillingness to compromise and failure to suggest alternatives. The dismissal was therefore neither discriminatory nor unfair. The EAT also confirmed that the employer was not required to provide a forensic analysis of the policy’s impact on every affected employee; it was sufficient that no other nurse had left employment as a result, and any disadvantage to others was at the lower end.

Takeaway: The case illustrates that, where arguments on justification are finely balanced, the weight given to each factor is a matter for the tribunal and will not easily be disturbed on appeal.

Maritime and Coastguard Agency v Groom [2026] EWCA Civ 6 (14 January 2026) – definition of a worker

Claims: Status (Worker)

Background: Mr Groom, a volunteer coastguard rescue officer since 1985, had his membership terminated following a disciplinary hearing in 2020. The Maritime and Coastguard Agency (MCA) refused his request to be accompanied by a trade union representative at the appeal, prompting him to claim “worker” status under s.230(3)(b) of the Employment Rights Act 1996.

Decision: The employment tribunal found no contractual relationship existed, but the EAT reversed that decision. The Court of Appeal dismissed the MCA’s appeal, holding that when Mr Groom attended an activity entitling him to claim remuneration, a contract came into existence with mutual obligations: to follow reasonable instructions and to make payment on receipt of a claim.

Appeal: The Court of Appeal held that although a volunteer was free to limit availability or leave early, this did not undermine the fact that during the period when the volunteer was actually at work, he was performing services under a contract satisfying s.230(3)(b), ultimately being obliged to follow reasonable instructions and entitled to claim remuneration.

Takeaway: That conclusion aligned with recent authority establishing that, instead of relying solely on the overarching contract, the focus in determining worker status is on the time the individual is actually at work.

Mr Sita Rama Swamy Kankanalapalli v Loesche Energy Systems Limited [2026] EAT 49 (20 January 2026)

Claims: Breach of contract and notice pay

Background: Mr Kankanalapalli was offered a project manager role subject to satisfactory references, a right to work check, and a probationary period, which he accepted on 26 September 2022. On 11 October 2022, the respondent withdrew the offer, citing project delay.

Decision: The Employment Tribunal dismissed the breach of contract claim, finding the conditions precedent (i.e. they had to be fulfilled before a binding contract came into existence). Since they had not been fulfilled, no contract had been formed, and no notice of termination was required.

Appeal: The EAT held that the ET had erred in treating the conditions as precedent without considering whether they were instead conditions subsequent (i.e. conditions that apply after a binding contract has already been formed). The EAT noted that the conditions were undifferentiated and that one of them, namely the probationary period, could only take effect after employment had begun. This pointed to the conditions being subsequent, meaning a binding contract had come into existence when the offer was accepted. The EAT implied three months’ reasonable notice, reflecting the claimant’s seniority, the lengthy recruitment, and international relocation.

Takeaway: The case offers guidance on conditional offers and confirms that the reasonableness of implied terms must be judged at the point the contract was formed, not by reference to events or matters unknown to both parties at that time.

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