Wed 06 May 2026

Employment Law – Beyond the headlines – May 2026

Away from the main stories, we highlight our selection of the employment law-related news, developments and trends that caught our attention over the past month.

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 this second draft comes after feedback from the UK government, consultation responses and further legal analysis. 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. A year has now passed since the Supreme Court handed down its judgment on the meaning of man, woman and sex in the Equality Act 2010. 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.

 

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