This May 2025 edition takes a look at the UK Supreme Court judgment on the definition of "sex" in the Equality Act 2010 and the EHRC's interim guidance on its practical implications as well as the sweeping changes to the UK immigration system in the pipeline following publication of the Immigration White Paper. We consider the global approach to DEI with a change in stance from the US, the changes to immigration laws in the UAE and the new obligations under the forthcoming EU Pay Transparency Directive. We also include our usual round-up of news, our UK and EU horizon scanners and information on forthcoming events.
What a couple of months! Welcome to the latest edition of our newsletter, in what has been a significant period of developments in employment and immigration law.
The Government's Immigration White Paper, published this month, sets out the latest set of changes that employers will need to navigate. In particular, the impact for employers of the proposed policy change towards a high skill, high-cost immigration model, despite continuing skills shortages in certain occupations. This can be contrasted with the position in the UAE, as outlined by my colleague Rachel Hill, where flexible immigration reforms mean the borders are widening bringing socio-economic challenges of their own.
Alongside these proposals, employers have been navigating the implications of the For Women Scotland decision regarding the meaning of sex in the Equality Act. For many employers this has proved to be a challenging time, trying to balance the many competing considerations, and the approach to these matters internationally.
We will be discussing all of this (and more) in depth at our Annual Training Day on 18 June. We would be delighted to see you there, details below.
UK Supreme Court judgment on the meaning of sex in the Equality Act 2010 and the interim EHRC guidance
Following the UK Supreme Court's ruling on the definition of "sex" in the Equality Act 2010, the EHRC published interim guidance on the practical implications of the judgment. Find out what it means here.
Navigating Shifting Sands: The retreat from diversity pledges and the UK business landscape
With the global shift in DEI following the change in stance in the US, we take a look at what it might mean for the future of DEI initiatives in the UK and their impact on corporate culture and ethics. Find out more here.
Immigration White Paper indicates huge changes for UK sponsors – what does this mean for employers?
The Immigration White Paper "Restoring control over the Immigration System" was published on 12 May 2025 and will bring huge changes for UK employers and sponsors. We look at what we know so far. Read about the latest developments here.
UAE Immigration: The impact of relaxed laws, talent influx and the strain on the job market
We take a look at the latest developments to immigration laws in the United Arab Emirates. Find out more.
International Update: New obligations for pay transparency – What companies should know now
The EU Pay Transparency Directive must be implemented by Member States by June 2026. We take a look at what the new obligations will be and what EU-based businesses should be doing now. Find out what employers need to know here.
What else you should know
- Find out about the latest changes to Irish Employment Permits Online System here.
EHRC Consultation to update its Code of Practice
The EHRC has published its consultation to update its Code of Practice for services, public functions and associations following the Supreme Court's For Women Scotland judgment. The EHRC has made a number of technical amendments to its draft Code of Practice and is seeking views on whether the updates outlined in the consultation clearly articulate the practical implications of the judgment and enable those who will use the Code to understand, and comply with, the Equality Act 2010. The consultation closes on 30 June 2025.
Employers have been asking whether the EHRC's Employment Code of Practice will also be updated following the Supreme Court's judgment. We have been told that: "The services Code of Practice is one of a range of statutory and non-statutory guidance the EHRC will be working to update, following the Supreme Court's judgment on the definition of sex in the Equality Act 2010. In due course this will include an Employment Code of Practice."
Call for Evidence on Equality Law Issues
The Government has published a call for evidence seeking feedback on areas of existing equality legislation and possible equality law reform. The evidence gathered will help to shape the forthcoming Equality (Race and Disability) Bill. The call for evidence is wide ranging and includes seeking views on:
- The prevalence of pay discrimination on the basis of race and disability.
- Making the right to equal pay effective for ethnic minority and disabled people.
- Measures to ensure that outsourcing of services can no longer be used by employers to avoid paying equal pay.
- Improving the enforcement of equal pay rights by establishing an Equal Pay Regulatory and Enforcement Unit, with the involvement of trade unions. Government is considering ways a new unit could strengthen equal pay provisions, whether by building on the Equality and Human Rights Commission's existing role or through new functions.
- Improving pay transparency. Government is looking to build evidence before deciding whether changes in this area would be appropriate.
- Strengthening protections against combined discrimination. Dual discrimination in s14 of the Equality Act 2010 has never been brought into force despite repeated calls from Women and Equalities Committee.
- Ensuring the Public Service Equality Duty is met by all parties exercising public functions.
- Creating and maintaining workplaces and working conditions free from harassment.
- Commencing the socio-economic duty in England. It has already been commenced in Scotland and Wales and will apply to specified public authorities when making strategic decisions.
The call for evidence closes on 30 June 2025.
- Alongside our UK Employment Horizon Scanner, we now have our new Horizon Scanner for Ireland, France, Germany, Spain and Poland. For all the latest legislative developments, see our latest Horizon Scanners by visiting our website page here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
