Morton Fraser MacRoberts LLP

Equality News

Summer 2026
 

Welcome to the summer edition of our Equality News. Since our last edition we have seen the first significant tranche of new rights being brought into force via the Employment Rights Act 2025. This included paternity leave and unpaid parental leave becoming day 1 rights, a new right to 52 weeks unpaid bereaved partner's leave, new menopause guidance and the introduction of action plans on gender equality on a voluntary basis for larger employers.

This month we have an update on action taken by the EHRC following the For Women Scotland judgment, including progress with the EHRC Services Code of Practice and details of the enforcement action that has been taken by the EHRC in connection with workplace access to single-sex spaces. We also discuss why employers might want to publish gender equality action plans before the requirement becomes mandatory and look at what the future holds for the use of non-disclosure agreements. There is also a brief update on the changes to the "Vento guidelines" on compensation for injury to feelings.

Two co-workers talking
Featured article

Gender equality action plans

Will businesses benefit from acting now?

Although the requirement to publish gender equality action plans will be mandatory from April 2027, with first reports likely to be due by April 2028, reporting is being encouraged on a voluntary basis from April 2026.

Equality law update

Single-sex spaces in the workplace

With the updated Services Code of Practice due to be laid before Parliament in May, the wheels are turning towards the availability of some guidance (albeit not employment-focused) for businesses following the Supreme Court's judgment in For Women Scotland v Scottish Ministers. However recent enforcement action taken by EHRC highlights businesses need to act without delay.

Single-sex toilets
Non-Disclosure Agreements

What does the future hold for the use of NDAs?

We look at what the recently published consultation on the proposed regulations to prevent misuse of NDAs tells us about how employers will be able to use these documents in future.

Discrimination compensation

Guidelines on discrimination compensation updated

The "Vento bands" for injury to feelings have been updated for 2026/27, with revised compensation ranges across three tiers depending on severity, and exceptional awards exceeding £62,900 only rarely.

 
Podcast

Nicknames in the workplace – banter or bad idea?

In this employment law podcast, Elise Turner speaks with David Hossack about the use of nicknames in the workplace and when banter crosses the line and creates a business risk.

 
Podcast

Workplace Health - grasping the nettle

David Hossack and Lindsey Cartwright discuss the latest CIPD report on workplace wellbeing and what employers can do to proactively manage wellbeing through training and support.

Training

Preventing sexual harassment and third-party harassment

Employers already have a duty to prevent sexual harassment but from October 2026, employers will be required to take all reasonable steps to prevent sexual harassment in the workplace. Employers will also become liable for third-party harassment.

We can provide tailored support and training to help you comply with your obligations and reduce the risk of claims.
To find out more, click the link below or email Sarah Gilzean.

"The team consistently delivers high-quality advice, making often complex legal issues easy to understand."

 
Chambers and Partners 2026 Edition
Innes Clark
 

Innes Clark

Partner
Sarah Gilzean
 

Sarah Gilzean

Partner
Lindsey Cartwright
 

Lindsey Cartwright

Partner
Alan Delaney
 

Alan Delaney

Partner
Kenny Scott
 

Kenny Scott

Partner