EHRC Code of Practice update
In a parliamentary statement, the government reaffirmed its support for the protection of single sex spaces based on biological sex, following last year’s Supreme Court ruling. The Equality and Human Rights Commission has submitted an updated draft of its Code of Practice on Services, Public Functions and Associations, reflecting further legal analysis and engagement. The Code, which applies across Great Britain, is intended to provide service providers with clear and accurate guidance on compliance with the Equality Act 2010, while confirming that protections for trans people remain. Although no further announcements can be made during the pre election period for devolved administrations, the government has confirmed it is taking urgent steps to lay the Code before Parliament in May for scrutiny, as soon as practicable after the election period. The EHRC also confirmed that changes to the Employment code of Practice will follow in due course.
Consultation on misuse of NDAs
The government launched a consultation on proposals to prevent the misuse of non disclosure agreements (NDAs) in cases of workplace harassment and discrimination, following changes introduced by the Employment Rights Act 2025. The Act makes any contractual provision that prevents a worker from speaking out about relevant harassment or discrimination unenforceable. The consultation seeks views on the circumstances in which an NDA may still be valid (for example, where it is requested by the worker and entered into following independent advice), the individuals or bodies to whom disclosures should always be permitted, and whether the regime should be extended beyond employees and workers to cover broader categories of individuals, including some self employed persons. The consultation applies across Great Britain and closes on 8 July.
Gender pay gap and menopause: action plan guidance for employers
Updated government guidance has been published to support employers in developing action plans to address gender pay gaps and support employees experiencing menopause. Employers with 250 or more employees may choose to voluntarily publish action plans alongside their gender pay gap data from April, ahead of mandatory requirements expected to take effect in 2027. The guidance sets out a structured, evidence informed approach to identifying causes of pay gaps, selecting actions and reviewing progress, and applies across Great Britain. We considered the implications of the forthcoming mandatory regime, and the importance of using the voluntary period to prepare, in our recent Out-Law article.
New Home Office draft guidance on Right to Work checks expands scope beyond employees
The Home Office published a draft updated Code of Practice for employers on avoiding unlawful discrimination when conducting right to work checks. The draft was published on 15 April as an open consultation closing 29 April. If adopted in its current form, it will apply to all employment commencing on or after 1 October 2026, as well as to any repeat checks on existing workers carried out on or after that date. Amongst the most significant proposed changes are the introduction of formal definitions of "Employer", "Worker", "right to work" and "right to work checks", concepts which were left undefined in the 2022 Code. These definitions indicate expansion of the scope of who is subject to the right to work checking obligation, so that the obligation extends beyond those engaged under a conventional contract of employment to encompass a broader range of working relationships, including individuals engaged under a worker's contract, as an individual sub-contractor, or via an online matching service. Businesses that engage workers in any of these ways which may not previously have considered themselves subject to right to work checking obligations should take note. There is no published update to the guidance on how and when to check this expanded pool of workers, but that could soon be on the horizon, and the consequences of non-compliance remain serious. Please contact our immigration team to discuss how these changes may affect your organisation or if you would like assistance updating your policies and procedures.
Immigration in the news
Our colleague Alex Wright posted an insightful piece on LinkedIn: No, Being Gay Isn’t an Asylum Shortcut.
AI and redundancies: employers regret job cuts
According to a poll of 600 HR professionals, a significant majority of employers that implemented AI led redundancies over the past year now regret those decisions. The survey reports that 91% of HR leaders said their organisation would approach AI driven redundancies differently in future, with many reporting that anticipated efficiency gains failed to materialise. Only 27% said their organisation was financially better off following the cuts, while a substantial proportion reported rehiring staff within months, often after losing critical skills and expertise. The findings highlight the risks of replacing roles with automation without factoring in the level of human oversight required, and the potential value of redeployment and reskilling as alternatives to redundancy.
