Workplace law updates employers should be watching in 2026

Several new consultations and regulatory developments have landed in April 2026 and together provide a useful early signal of where employer obligations and expectations may be heading.

The common thread is that employers are under growing pressure to build fairer workplaces, handle people issues more confidently and make sure that internal processes stand up to closer scrutiny.

1. NDA misuse is under fresh scrutiny
   The government’s consultation on NDAs, launched on 15 April 2026, proposes making void any confidentiality terms that prevent workers from speaking about harassment or discrimination. For employers, that puts the spotlight on more than just settlement agreements. It also raises wider questions about workplace culture, speak-up processes and whether complaints are being handled in a way that builds trust.
2. TUPE is back in focus
   The government’s call for evidence on TUPE has brought renewed attention to the rules that protect employees when a business or service transfers to a new employer. In practice, TUPE can apply in situations such as outsourcing, retendering, acquisitions and internal reorganisations, so it’s an area many employers may come across as their businesses grow or change. At this stage, the government is seeking views on how the current rules are working, rather than consulting on specific reforms, but the exercise may help shape future policy in this area.
3. Workplace misconduct is becoming a governance issue too
   Finance firms are already preparing for FCA misconduct reforms expected ahead of September 2026. While the immediate impact will be strongest in regulated sectors, the broader message is relevant to all employers. Issues around behaviour, investigations and reporting are increasingly being viewed through a governance and accountability lens, not just as internal HR matters.
4. Right to work checks need to be compliant and fair
   The Home Office is consulting on an updated right to work discrimination code from 15 April to 29 April. The aim is to help employers carry out checks properly, further to the intended introduction of expanded right to work checks from 1^st October 2026, without exposing themselves to discrimination risks. That matters for any business recruiting at pace. Right to work checks remain essential, but they need to be carried out consistently across the workforce and without assumptions based on nationality or ethnicity.

While these developments don’t yet demand immediate action, they do show where expectations are rising. Getting ahead now can help reduce risk later and put stronger people foundations in place as the business grows.