At a Glance: Employment and Incentives developments, May 2026. In May 2026, our guide (link below) included:
- Employment Rights Act 2025: the government publishes consultation on reforms to NDAs in workplace harassment and discrimination; draft Code of Practice on trade union right of access from October 2026 and the Fair Work Agency's strategic steer for its transitional year.
- TUPE Reform: government calls for evidence on modernising TUPE, including: current protections; transfer triggers; process efficiency; and post-transfer variation of terms.
- Legal Advice Privilege: High Court confirms in Aabar Holdings v Glencore that privilege can extend to intra-client communications even where no lawyer is a party.
- ICO's AI Code of Practice: new regulations direct the Information Commissioner to produce a statutory code on personal data in AI and automated decision-making systems.
- Share Plans: removal of double disclosure on issue of shares admitted to trading; the High Court rules on compensation for option holders.
- Taxation: Court of Appeal decides (under old rules) that an employee loan from an EBT and company contributions to the EBT to make the loan are not employment income.
- Compliance: European Court of Justice clarifies “made public” under EU MAR.
