Twelve-month Legal Timeline

October 2025

• The REC Legal and Compliance Summit is being held in Manchester on the 14th of October 2025. Members can book their place here.
• Bidding for the new CCS Framework for Supply Teachers and Education Recruitment is due to open later this month, although the exact date is TBC. More information can be found here.
• On 6th October 2025, the DBS published additional DBS Digital Identity Verification Guidance which states: “A digital identity provided by a digital verification service certified against the trust framework and the DBS supplementary code is equivalent to an identity verified using:
  • ID checking guidelines for Standard/Enhanced DBS check applications from 22 April 2025 - GOV.UK
  • Basic check ID checking guidelines from 22 April 2025 - GOV.UK
• On 12th September 2024, the Department for Education (DfE) published its Statutory guidance for local authorities on the use of agency child and family social workers, (the Child and family social workers agency rules).The changes come into force on 31st October 2024, however, full implementation is scheduled for 1st October 2025. For further guidance please see our guide to the Child and Family Social Workers Agency Rules here. 
• Section 17 of the Victims and Prisoners Act 2024 comes into effect on 1st October 2025. The provision intends to codify existing common law protections for the reporting of crime to the police and whistleblowing in relation to criminal activity. The provision will also result in contract terms seeking to prevent the making of such disclosures will be void and unenforceable.
• From 1st October, under the Victims and Prisoners Act 2024, confidentiality clauses in England and Wales will be void if they stop a "victim" (widely defined) from disclosing information to law enforcement, lawyers, regulators, victim support and/or close family. Employers must updated settlement agreements and templates to stay compliant. Further information can be found here.
• On 2nd October, the Ministry of Justice have updated its guidance on non-disclosure agreements (NDAs), following the implementation of section 17 of the Victims and Prisoners Act 2014 on 1st October 2025. The guidance explains the practical implication of these statutory changes for confidentiality agreements across sectors including business, arts, charity, education, healthcare and technology. Further information can be found here. 
• Despite the fact that The School Teacher's Pay and Conditions (Wales) Order 2025 comes into force on 7th October 2025, this order makes a retrospective provision (under section 123(3) of the Education Act 2002), to provide that the provisions set out in section 2 of the 'School Teachers' Pay and Conditions (Wales) Document 2025' and guidance on the school teacher's pay and conditions have effect on and after 1st September 2025. 
• On the 7th October, HMRC is conducting a webinar for labour supply chains covering the proposed changes from April 2026 looking at: 
  • When the rules apply
  • Who the new rules apply to 
  • How the new rules apply to agencies, end clients, umbrella companies and workers employed by umbrella company. 

To sign up to, and attend the webinar, the link is available here. 

• The ICO has launched two consultations on its draft guidance explaining the requirements introduced by the Data (Use and Access) Act 2025.
  • The consultation gathering feedback on its draft guidance for organisations handling data protection complaints closes on 19th October 2025.
  • The consultation gathering feedback on its draft guidance regarding the recognised legitimate interest basis for processing personal data closes on 30th October 2025.
• The government consultation on the Small Business Plan, which aims to tackle late payment culture, including amending the Late Payment of Commercial Debts (Interest) Act 1998, closes on 23rd October 2025.
• The House of Lords will consider amendments to the Employment Rights Bill made by the House of Commons on 28th October 2025. It is expected that Royal Assent will follow in early November.
• Following the judgment of For Women Scotland Ltd v The Scottish Ministers on 16th April 2025, The Equality and Human Rights Commission (EHRC) had issued interim guidance whilst a draft code of practice was subject to consultation. The draft code was submitted to the Minister for Women and Equalities for approval on 4th September 2025. The next stage is for a draft code, as approved, to be laid before Parliament and the EHRC has since removed the interim guidance while awaiting further confirmation.
• On 23rd October 2025, the following consultations were published in relation to the ERB:
  • Consultation 1: Leave for bereavement (including pregnancy loss) - closing 15/01/26.
  • Consultation 2: Right of trade unions to access workplaces - closing 18/12/25.
  • Consultation 3: Duty to inform workers of their right to join a union - closing 18/12/25.
  • Consultation 4: Enhanced dismissal protections for pregnant women and new mothers - closing 15/01/26.
• On 17th October 2025, the Department for Business and Trade (DBT) has named 491 companies for failing to pay National Minimum Wage to around 42,000 workers.
• On 29th October 2025, the Home Office launched a consultation on extending right to work checks to the 'gig economy' to prevent illegal working. The consultation is due to close on 10th December 2025. Through the Border Security, Asylum and Immigration Bill, the government is strengthening enforcement of the rules to clamp down on illegal working., which includes extending the requirement to carry out right to work checks to cover businesses hiring ‘gig economy’ and zero-hours workers. This consultation seeks views on:
  • how this change should be operationalised and enforced
  • how processes can be simplified to make it easier for employers to fulfil their responsibilities

Case Law

• Alom v Financial Conduct Authority [2025] EAT 138 - The claimant was summarily dismissed for gross misconduct relating to an anonymous email to a colleague (which he denied sending) that was considering harassment, and for a further email that breached confidentiality by referencing findings from a separate investigation made against the same colleague. Mr Alom brought claims of unfair dismissal and race discrimination, both of which were rejected by the Employment Tribunal. Employers should be aware that the use of a 'script' prepared by HR will not render a dismissal unfair, provided the decision-maker exercises their own judgement, and that a computer search that may infringe an employee's Article 8 rights will not render a dismissal unfair if it is not a deciding factor in the dismissal. 
• Driver and Brackpool v The Chief Constable of South Yorkshire Police and Lynskey - In a decision published on 7th October, the ET upheld claims for disability-related discrimination brought by two part-time policemen (David Driver and Paul Blackpool) who were removed from specialist roles with animals and placing them in positions they were less qualified for. The Policemen had lost their specialist roles only because their disabilities had led bosses at the South Yorkshire Police to put them in a pool of 'restricted officers' who could be deployed to assist with under-resourced areas. Brackpool was on restricted duties because of a coronary heart disease and atherosclerosis, and Driver had a permanently weakened ankle. The ET found that transferring both Driver and Brackpool from specialist roles to a desk-based computer role was not an objectively reasonable measure for achieving the force's aim of deploying those with the requisite skills to assist and support a specific operation. The benefits derived from the decision by South Yorkshire Police, were not sufficient to justify limiting their rights not to be unfavourably treated for something arising in consequence of his disability.