Amended EHRC Services Code of Practice delivered to UK government
The Equality and Human Rights Commission has submitted an amended draft Code of Practice on discrimination in goods and services, public functions and associations to the UK government. The first draft was submitted in September 2025 and included amendments needed following the Supreme Court judgment in For Women Scotland v Scottish Ministers on the meaning of "woman", "man" and "sex" in the Equality Act 2010. This second draft comes after feedback from the UK government, consultation responses and further legal analysis of the For Women Scotland judgment. The government has confirmed it intends to lay the Code for Parliamentary scrutiny in May 2026. It will come into force after 40 days, unless either of the Houses of Parliament rejects it. There is currently no firm timetable for updating the Employment Code of Practice.
TUPE call for evidence
The UK government has published a call for evidence on the Transfer for Undertakings (Protection of Employment) Regulations 2006. There was a time when TUPE was the hot topic in employment law, but it has taken something of a back seat in terms of profile in recent years. However, it remains a complex and at times unwieldy area of employment law. The call for evidence is intended to inform future proposals for change. The UK government has indicated an intent to strengthen protections, modernise and make TUPE more efficient. The government response to the call for evidence may indicate whether, what and when reforms might be made. The call for evidence is available here and is open until 1 July 2026.
Business immigration - sponsor duties updated
March and April saw significant updates being made to the UK's sponsor duties. The new requirements apply to employers who have a sponsor licence. Sponsors are now required to:
- read, understand, and keep up to date with any changes to sponsorship guidance;
- actively promote the welfare of their sponsored workers, including ensuring they know their employment rights - the sponsor should have a system in place to demonstrate they have provided relevant information to their workers; and
- undertake a right to work check on every worker they intend to engage directly.
In addition, the "genuine vacancy test" has been replaced by an "eligible role test". Specific criteria must be met for a role to be "eligible" and that criteria must be met for the duration of the role, not just on its creation. A Certificate of Sponsorship will also be refused if the Home Office are not satisfied the worker is being paid appropriately for their role. Checks via HMRC will also be undertaken more regularly by reference to pay period rather than annually. The sponsor guidance on workers and temporary workers is available at Sponsorship: guidance for employers and educators.
Business immigration - Code of Practice
A short consultation was run in April on proposed changes to the Home Office draft code of practice for employers: Avoiding unlawful discrimination while preventing illegal working. Significantly, the draft Code includes a wider definition of an employer to include those engaging workers and sub-contractors, and online matching services connecting individual service providers with potential clients or customers. The aim of the draft Code is to prevent unlawful discrimination when carrying out right to work checks. It includes examples of when discrimination might occur and provides information on the ways employers can ensure they do not discriminate. The UK government response to the consultation is awaited but the latest guidance for employers who have a sponsor licence requires sponsors to undertake checks on sub-contractors moving forward.
