Data protection and employee information

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STOP PRESS: The Data (Use and Access) Act 2025 (Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82 bring into force the remaining provisions of the Data (Use and Access) Act 2025 (DUAA 2025). Provisions relating to subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement are in force from 5 February 2026, and provisions relating to penalty notices and complaints are in force from 19 June 2026. For more information, see Practice Note: Data (Use and Access) Act 2025—employment implications. This Practice Note will be updated shortly to take account of these changes.

The material is this subtopic primarily considers the UK GDPR regime, and legislative links are to Assimilated Regulation (EU) 2016/679, UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018), except where expressly stated otherwise.

For a more detailed introduction to UK GDPR generally, see Practice Notes: The UK General Data Protection Regulation (UK GDPR) and The UK General Data Protection Regulation (UK GDPR)—Navigator.

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Latest Employment News

Lloyds beats bias claims over anti-Zionist staff posts

Law360: A London tribunal has ruled that Lloyds did not discriminate against two Muslim employees after they faced disciplinary action for making anti-Zionist statements in 2021 amid Israel's conflict with the Palestinians.

Employment weekly highlights—12 February 2026

This edition of Employment weekly highlights includes: (1) analysis by Nigel Watson of Burges Salmon of the implications of the removal of the statutory cap on the unfair dismissal compensatory award by the Employment Rights Act 2025 (ERA 2025) on bonus and equity-driven exit risk, (2) an ERA 2025-related consultation on modernising the Agency Work Regulatory Framework (including bringing umbrella companies into scope), (3) draft regulations setting national minimum wage rates to apply from 1 April 2026, (4) progress on, and implications for employers of, the National Insurance Contributions (Employer Pensions Contributions) Bill, (5) Certification Officer confirmation of repeal of the annual levy from 1 April 2026 under ERA 2025, (6) amendments to the Employment Tribunal Procedure Rules 2024, SI 2024/1155, and consequential amendments to the Employment Appeal Tribunal Rules 1993, SI 1993/2854, taking effect from 2 March 2026, (7) the March 2026 edition of the Industrial Relations Law Reports (IRLR), (8) dates for your diary, and (9) other news items of interest to employment practitioners.

Certification Officer confirms repeal of annual levy from 1 April 2026

The Certification Officer has confirmed that the power to raise an annual levy, paid by trade unions and employers’ organisations to cover certain of the Certification Officer’s expenses, will be repealed with effect from 1 April 2026 by section 85 of the Employment Rights Act 2025. Further regulations are required to remove the levy

Uncapped unfair dismissal—why bonus and equity are now central to exit risk

Employment analysis: The Employment Rights Act 2025 was passed just before Christmas and employers are now busy preparing for its reforms, which have staggered commencement dates starting from as early as next month (February 2026). Among the most consequential changes for reward is the removal of the statutory cap on the unfair dismissal compensatory award (currently the lower of 52 weeks’ gross pay and £118,223). The risk is not simply “larger tribunal awards”. The real shift is commercial: once ordinary unfair dismissal is no longer bounded by a statutory ceiling, claim value becomes more fact-driven. That pulls bonus and equity into the core of quantum, settlement dynamics and (in practice) board-level decision-making. Nigel Watson of Burges Salmon considers the issues.

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