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The Creator Economy in film and TV

Posted on by Anna Weeden

The shift in the TV and media landscape

The television and media landscape is undergoing a profound shift. Where traditional broadcasters and studios once exclusively dominated, now content creators, originating from platforms like YouTube, TikTok and Instagram, are emerging as some of the most powerful forces in entertainment. Their profound influence is being recognised across the UK, highlighted by the recent launch of an all-party parliamentary group (APPG) to represent UK creators and influencers. These online platforms enable creators to cultivate direct relationships with audiences and bypass traditional gatekeepers, retaining complete control over their content.

What has caused this shift and how have audiences responded?

The Covid-19 pandemic in 2020 accelerated the global digital transformation, leading to a surge in online content creation. With audiences spending more time online and in isolation, many individuals who faced job losses during the pandemic turned to content creation as a source of income. Simultaneously, established creators were forced to adapt their practices by developing a more innovative, dynamic and home-grown approach to producing content, now that access to traditional studios, large production teams, and elaborate sets was closed off to them.

However, it has now become clear that this was not merely a trend during the pandemic. Rather, this new medium has endured and significantly grown since 2020, as evidenced by a recent impact report by Oxford Economics which revealed that YouTube content creators contributed £2.2bn to the UK economy in 2024 and supported 45,000 jobs. The speed and ease of producing social media content, in contrast to traditional linear television series for example, enables influencers and content creators to publish daily content. This, in turn, helps them maintain their cultural and social relevance, audience engagement, and visibility on the constantly changing and elusive algorithm.  

The resulting content is concise, impactful, and high-quality; catering to modern preferences (particularly among Gen-Z viewers) for short, easily digestible, and more personal viewing experiences with real-time audience engagement. Digital platforms democratise content by breaking down barriers, enabling direct interaction between creators and audiences rather than the traditional one-way broadcast model, and reaching a global viewership.

Bridging the gap between content creators and traditional media

As content creators continue to build their vast platforms and fanbases, traditional broadcasters are recognising the value of collaborating with these influencers and engaging them directly to produce, host, or star in more conventional TV and media formats. Content creators bring fresh, dynamic new voices and concepts and large (typically young) viewership. Paired with the resources, studios, personnel, equipment and budgets of streamers or other platforms, the result is exciting new content that appeals to a new audience – many of whom may not typically engage with traditional media.

Examples include:

  • MrBeast: Beast Games, hosted by YouTuber MrBeast (real name Jimmy Donaldson), is a high-budget reality competition series on Amazon Prime Video. Released in 2024, the show featured over 1,000 contestants competing for a $5 million prize. Produced by Amazon MGM Studios, Insider Entertainment, and Blink49 Studios, the series amassed 50 million viewers within 25 days of its debut and has been renewed for two more seasons.
  • Amelia Dimoldenberg: Known for her YouTube series Chicken Shop Date, Amelia has transitioned into traditional media, hosting Channel 4 documentaries such as Celebrity Rebrand and Meet the Markles. She has also worked with the BBC and hosted major events like the BRIT and NME Awards.
  • Charli and Dixie D’Amelio: The D’Amelio sisters rose to fame on TikTok, with Charli becoming the platform’s first creator to surpass 100 million followers. They starred in Hulu’s The D’Amelio Show (2021–2023) and have since expanded into mainstream projects, including Charli’s roles in Apple TV+’s The Studio and the upcoming thriller Hurry Up Tomorrow.

Commercial considerations for content creators and production companies

As content creators become ever-more prominent in the TV world, their business operations also become more sophisticated and complex. Content creators are:

  • Establishing their own production companies and studios to scale their content, including hiring teams of writers, producers, directors and crew.
  • Developing their own YouTube channels.
  • Branching out into ancillary media avenues like podcasting and vodcasting.
  • Collaborating with traditional broadcasters and streamers, both on traditional platforms and on newer digital platforms.
  • Monetising and protecting their IP.
  • Generating income through securing brand deals, sharing sponsored posts, brand collaboration posts and product reviews, offering exclusive content to paying subscribers and even marketing and selling their own product lines.

Meanwhile, independent production companies are also wanting in on the action. We’re seeing a real uptick in interest from traditional production companies in creator-driven business, from traditional players making investments in new YouTube channels to pairing up with content creators to access brands to fund shows and have been advising production companies on how to structure such deals with content creators.

What legal issues does this present?

As with any industry disruptor, as content creators, indies and broadcasters lean into the opportunities presented by the new TV landscape, so too do the legal complexities grow. Some of the legal issues being grappled with are:

  • IP and rights management: protecting ownership of IP in the content being created and negotiating licensing terms with third parties who want to use it.
  • Production and talent contracts: as content creators increasingly act as producers, they are looking to engage third parties, or vice versa where the content creator is engaged by a streamer or studio. Negotiation of production and talent contracts is key.
  • Co-Production deals and contracts: where a content creator teams up with a larger, established production company in order to create a show.
  • Clearance issues: risks arise when content creators feature copyright protected or controversial material in their content.
  • Corporate structuring: many content creators are establishing their own production companies.
  • Corporate investment: content creators and traditional production companies, broadcasters and streamers are joining up and navigating commercial or equity partnerships and investments.
  • Employment: as content creators expand their businesses and begin hiring employees, they need to ensure they comply with employment laws, minimum wage and working hour regulations, as well as having workplace policies in place.
  • Advertising: content creators have no excuse for not complying with advertising standards, including the UK’s Advertising Standards Authority’s rules which affect transparency in marketing activities and other promotional content.
  • Compliance with regulations: content creators need to understand their obligations under the Online Safety Act 2023, which requires influencers to take greater responsibility for their content to prevent any harm to viewers, and under the Digital Markets, Competition and Consumers Act 2024, which prohibits fake reviews and mandates transparency in endorsements.
  • Reputation management: this relates to protecting content creators’ online presence and public persona, personal and confidential material and privacy, as well as managing reputational risks and managing defamation claims and paparazzi intrusion.

What does the future hold?

The dominance of content creators in the modern entertainment landscape is undoubtedly here to stay. However, this doesn’t spell the end for traditional film and TV. By adapting to these shifts and seeking opportunities to collaborate with creators, traditional production companies and broadcasters can capitalise on the success of content creator-driven media. In fact, aligning themselves with the burgeoning ‘creator economy’ could not only help them stay relevant but also enhance their profitability.

Conversely, content creators aiming to maintain their loyal and dedicated audiences might find value in partnering with established industry players. Such collaborations help creators broaden their reach and also reinforce trust with their audience.

For more information or for advice on any of the above topics, please reach out to managing associate Clare McGarry.

Yvonne Gallagher featured in Law360’s expert analysis series

Posted on by Nikhita Sagar

Partner and head of our employment practice, Yvonne Gallagher, has been featured in Law360‘s UK Expert Analysis series, where practice group leaders share their perspectives on the current market landscape and insights from their professional experience.

Yvonne discusses the challenges of dealing with clients’ emotions, the significance of the widening scope for discrimination disputes, and why junior lawyers should focus on learning the basic contractual and statutory principles of employment law.

The full piece can be accessed here or via Law360.

Consultation on reforms to the UK designs framework

Posted on by Anna Weeden

The UK Intellectual Property Office (UKIPO) has launched a consultation on reforms to the UK designs system.

Acknowledging the UK’s design sector as leading force in creativity and innovation, the aim is to create a designs regime that is simple, effective and capable of adapting to the challenges of the digital future. The IPO is inviting responses by 27 November 2025.

For businesses involved in design, the outcome of the consultation could have far reaching consequences.

Key points covered in the consultation

  • Whether registered designs should be subject to searching and substantive examination. The government’s preferred option is a two-stage system under which designs would first receive partial registration, with full registration and enforceable rights only granted following a search.
  • Whether the current unregistered design regime is too complex, including the overlap with copyright. While the government’s stated preference is to retain the existing multiplicity of rights to protect both aesthetic and functional designs, it is also canvassing views on the potential consolidation of these rights into a single system and reconsidering the duration of protection.
  • Whether copyright protection for works of artistic craftsmanship should be abolished, with the government’s preference being to retain this protection, ensuring genuinely artistic and handcrafted works remain safeguarded.
  • How to clarify the registered designs system so that it covers animated designs and graphical interfaces more effectively, perhaps by allowing video files to be included in application.
  • With the rise of AI generated designs in mind, whether the existing protection for computer generated designs remains suitable, and how it interfaces with the requirement for originality.
  • Whether UK disclosure rules for unregistered designs should be adjusted to address the lack of mutual recognition with the EU and reduce complexity for businesses seeking protection in both territories.
  • Whether criminal sanctions for design infringement should be introduced.

The outcome of the consultation could have very significant implications for design-led businesses, especially as some of the proposed options could strip away valuable design protections which offer flexibility as enforcement tools.

Identity verification and the Economic Crime and Corporate Transparency Act 2023: what you need to know

Posted on by Julia Krol

The Economic Crime and Corporate Transparency Act 2023 introduces important changes to how Companies House operates, aiming to improve transparency and reduce economic crime.

A key part of these reforms is mandatory identity verification for individuals involved in companies and certain other entities.

Who must verify their identity

You must complete identity verification if you are:

  • A director or proposed director of a UK company
  • A person with significant control (PSC) over a company
  • A member of a Limited Liability Partnership (LLP) or similar entity
  • An individual filing documents with Companies House on behalf of an entity

When must identity verification be completed?

  • Before incorporation for new companies
  • Before appointment for new directors and PSCs
  • Existing directors and PSCs will have a 12-month transition period, from Autumn 2025, to comply
  • Identity verification is mandatory — filings may be rejected if individuals are not verified

How can you verify your identity?

You have two options:

(a) Verify individually

  • Access the Companies House identity verification portal
  • Provide personal information (name, address, date of birth) and ID documents (e.g., passport or driving licence)
  • Submit a live photo (selfie) for biometric checks
  • If successful, you will receive a Verification ID

(b) Verify through an Authorised Corporate Service Provider (ACSP)*

  • Appoint an ACSP (e.g., your company secretary, law firm, or other regulated provider)
  • Provide your documents directly to the ACSP
  • The ACSP will complete checks on your behalf and notify Companies House

What happens after verification?

  • Your verified identity will be recorded at Companies House
  • You will not need to re-verify unless your circumstances change, or Companies House requires it
  • Verified individuals will be assigned a unique identifier for future filings

*What is an ACSP?

  • An Authorised Corporate Service Provider is a regulated professional (such as a legal or accountancy firm) authorised to verify identities and submit filings
  • Using an ACSP can streamline the process and ensure full compliance

How can we help?

Harbottle & Lewis LLP is an Authorised Corporate Service Provider.

We can assist you by:

  • Managing your identity verification process
  • Advising on your obligations under the new legislation
  • Ensuring seamless compliance with Companies House requirements
  • Compiling the unique identification number(s) required to submit filings for the Company at Companies House

Contact us

Please contact us to find out more and to ensure you meet the new requirements.

Nicola Tomlin
[email protected]

Olivia Osuigwe
[email protected]

Equity vs Spotlight: ruling in landmark case exposes a gap in legal protection

Posted on by Anna Weeden

After this week’s ruling in the landmark case between Equity and Spotlight, partner and head of our employment practice, Yvonne Gallagher, has shared her insights in an article published by The Stage in which she provides an overview of the dispute and comments on its likely impact on the performing arts industry.

One key feature of the case was the High Court ruling that Spotlight is not an employment agency under the legislation and there is therefore no restriction on the fees it charges. This serves to highlight a gap in protection when it comes to businesses operating platforms of this nature.

The full article can be accessed here.*

Founded in 1880, The Stage is a weekly newspaper and online publication with the latest news, reviews, interviews, in-depth features and advice on working within the performing arts industry.

*Please note that a subscription is needed to view this content.

Safeguarding your business in the wake of the ChatGPT share breach

Posted on by Julia Krol

In today’s fast-paced digital landscape, businesses are increasingly leveraging Artificial Intelligence (AI) tools such as OpenAI’s ChatGPT to streamline operations.

However, recent developments surrounding the now-discontinued “share” feature of ChatGPT should serve as a critical reminder of the importance of robust data governance and proactive measures to safeguard sensitive information, such as personal data and confidential business information.

What happened?

OpenAI recently faced scrutiny after its “share” feature in ChatGPT appeared to inadvertently expose private conversations to public search engines such as Google. While the feature allowed users to share chat links, discrepancies in the user interface and terms across platforms (e.g., Web, iOS, Android) led to confusion over whether shared chats were private or publicly discoverable. Although OpenAI has since removed the feature and requested the removal of indexed links from search engines stating it was a “short-lived experiment”, researchers have alleged that over 100,000 conversations, many containing personal data, were archived and remain accessible in some instances.

At the time of writing, it is also reported that chats from X.com’s “Grok” platform have been exposed online, highlighting a common risk within the industry.

Why it matters to your business

This issue underscores the risks associated with using AI tools and highlights potential vulnerabilities that could expose sensitive company or client data. For businesses, the key takeaways are:

  • Personal data: Conversations shared through AI platforms may include personal data about your employees, customers or clients. There are several data protection compliance issues that must be considered prior to sharing personal data with AI platforms from meeting transparency requirements via privacy policies to carrying out supplier due diligence on your data processing agreements with AI platforms.
  • Confidential information: As with personal data, conversations can be shared through AI platforms about your internal strategy, or intellectual property. Once shared outside of your business, such information can be challenging to remove entirely.
  • Reputational damage: Data leaks can severely impact your brand’s reputation, erode client trust, and lead to loss of business.
  • Regulatory implications: Mishandling of sensitive data could result in non-compliance with data protection laws such as the UK GDPR, leading to fines and legal challenges. Such fines can be up to £17.5m or 4% of your annual turnover (whichever the greater).
  • Legal claims: Clients or other individuals whose data is exposed may bring legal claims for breach of contract, breach of confidence, privacy or their data protection rights, and complain to the data protection regulator. Some larger data breaches have also attracted attempts to start ‘class-action’ claims.

What should you do?

If your organisation uses AI tools such as OpenAI’s ChatGPT, now is the time to review and strengthen your policies and practices. Below are some actionable steps to consider:

1. Implement an AI usage policy

If you haven’t already, establish a clear AI usage policy within your organisation. This should cover:

  • Approved AI tools and platforms
  • Guidelines on the type of information that can be inputted into AI systems
  • Specific processes for sharing data generated by AI tools

2. Train employees

Educate employees on the risks of using AI tools and ensure they understand how to use these platforms responsibly. Emphasise the importance of avoiding inputting personal data or confidential data into AI systems.

3. Conduct data audits

Review your organisation’s use of AI tools to identify any potential exposure of data. If you suspect that data may have been shared via ChatGPT’s “Share” feature, investigate whether these links have been indexed and take immediate steps to request their removal.

4. Monitor evolving AI risks

AI technology evolves rapidly, and so do its associated risks. Stay updated on developments in the AI space, including how tools such as ChatGPT handle data and privacy.

5. Seek legal support

If your business is impacted by the ChatGPT share breach or similar issues, legal advice can help you assess your exposure, address potential liabilities, and implement stronger safeguards.

How we can help

We understand the complex intersection of technology, data, and the law. Our team of experts can assist you with:

  • Drafting and implementing AI usage policies tailored to your business
  • Conducting data audits to assess your organisation’s risk exposure
  • Advising on regulatory compliance and potential liabilities
  • Supporting you with incident response and remediation in the event of a data breach, regulatory involvement, and legal claims

If you have any questions about how the OpenAI ChatGPT share breach might affect your business or need assistance in implementing preventative measures, please don’t hesitate to contact one of our specialists.

Harbottle & Lewis advises Ovation Rights on landmark acquisition of Sir Richard Stilgoe’s theatrical rights catalogue

Posted on by Deborah King

We have advised Ovation Rights on its acquisition of Sir Richard Stilgoe’s rights in some of the most successful stage musicals of all time, including The Phantom of the Opera and Starlight Express. The transaction represents one of the most significant acquisitions of theatrical rights in recent years, marking a pivotal step in recognising the enduring value of theatrical rights and the legacies behind them.

Founded and led by producer Jamie Hendry and former Amazon executive Philip Green, Ovation Rights introduces the scale and strategy ordinarily seen with music catalogue acquisitions to the creators and rightsholders of major plays and musicals. The company collaborates closely with authors, composers, lyricists and estates, working as custodians to protect legacies, honour artistic visions and passionately champion works.

Our team was led by partners Neil Adleman and Charles Leveque, with support from managing associate Teresa Walker and associates Emma Riggs and David Jones and with partner David Scott advising on corporate tax matters.

On working with Harbottle & Lewis, Jamie Hendry commented: “Working with Harbottle & Lewis has been exceptional throughout this transaction. The team understood the unique nature of theatrical rights acquisitions and provided invaluable guidance as we navigated this deal. Their expertise in entertainment law, combined with their commercial understanding of our vision for Ovation Rights, made them the perfect partners for this acquisition. As we continue to build our portfolio and support artists’ legacies, we know we have trusted advisors who share our commitment to protecting and championing the works that have shaped global theatre.”

Neil Adleman added: “We are delighted to have supported the Ovation Rights team on this groundbreaking acquisition. This transaction demonstrates the significant value and enduring appeal of theatrical rights, and we look forward to seeing Ovation Rights continue to invest in artists and rightsholders as custodians of these remarkable legacies.”

New measures announced to tackle ransomware attacks: what does this mean for businesses?

Posted on by Julia Krol

On 22 July, the UK government unveiled a set of measures designed to curb ransomware attacks and protect critical public and private sector services. Following public consultation, these steps aim to dismantle the business model of cyber criminals while fortifying national resilience against cyber threats.

Ransomware, a form of malicious software, is used by cyber criminals to encrypt victims’ systems or steal data, only unlocking access upon payment of a ransom. This cybercrime costs the UK economy millions of pounds annually, with recent high-profile attacks demonstrating risks ranging from operational disruption to life-threatening consequences.

Key Proposals

  1. Targeted ban on ransomware payments: aimed at public sector bodies, including local government and critical national infrastructure (CNI) operators, this ban intends to eliminate the financial motivation for ransomware attacks on essential services. Nearly 72% of respondents supported this targeted ban, with many agreeing it would reduce funds flowing to criminals and dissuade attacks. However, concerns about implementation, the need for clear guidance, and potential exemptions for life-threatening scenarios were raised.
  1. Ransomware payment prevention regime: this regime would require victims to report their intent to pay ransoms, allowing the Government to assess and potentially block payments to sanctioned groups. Feedback was mixed, with 47% supporting an economy-wide approach, but concerns were highlighted around thresholds creating loopholes for attackers. Respondents also stressed the importance of guidance and support for compliance, particularly for small businesses.
  1. Mandatory incident reporting regime: this proposal mandates victims to report ransomware incidents within 72 hours, followed by a detailed report within 28 days. It received strong backing, with 63% agreeing to an economy-wide mandatory reporting system. Respondents noted that such a regime would strengthen intelligence gathering and law enforcement’s ability to address ransomware threats. However, concerns were raised about reporting burdens on individuals and smaller organisations.

Next Steps

The Government is proceeding with developing these measures, taking into account the feedback received. Key actions include:

  • Publishing detailed guidance to clarify the scope and implementation of the proposals
  • Exploring proportional penalties and tailored compliance measures for organisations of different sizes and sectors
  • Strengthening victim support services, including expert guidance, operational updates, and intelligence sharing
  • Maintaining the proposed 72-hour reporting window for initial incident notifications

Read more about the Government’s position here and the outcome of the consultation here. If you would like more information, please feel free to reach out to one of our dedicated cyber security lawyers, or if you would like keep up to date on the latest in data protection, please subscribe to our quarterly newsletter, The Data Download, and watch our recent webinar here.

New UK immigration rules now in force: key takeaways

Posted on by Anna Weeden

Today marks another significant change to the UK immigration rules. On 1 July 2025, the government released a ‘Statement of Changes’ to the immigration rules that take effect today, 22 July 2025.

This has given little time for individuals and companies to not only understand the changes, but to also ensure that they submit the relevant applications required prior to the changes being implemented. These changes are extremely significant for sponsored employees and companies that maintain a Sponsor Licence or intend to obtain a Sponsor Licence to employ future migrant employees.

Skilled Worker

The ‘Skilled Worker route’ allows employers to sponsor individuals that are from overseas to work in the UK, provided they meet certain requirements. Over the past few years, the government has continued to make changes to this route, particularly to the salary thresholds and the skills threshold. Given these changes, the rules have become needlessly complex and difficult to comprehend, and today’s changes have not helped the situation.

The general salary threshold for those that are applying for leave to enter the UK as a Skilled Worker or for ‘Leave to Remain’ in the UK have increased. A summary of the difference in threshold pre 22 July 2025 to present can be seen below:

Please note that if applying for settlement in the UK, the general threshold for Options A-D have also been increased to the new general threshold post 22 July 2025.

Changes to Skilled threshold

In order to assess if an individual’s role is eligible for sponsorship by an employer, the employer is required to review the role against a list of occupation codes that are provided by the Home Office as a guideline. This list is accessible and known as the Appendix Skilled Occupation List. Currently, this list incorporates RQF level 3-6 roles. However, as of today (22 July 2025), 180 occupation codes will be removed from this list, including those that are RQF level 3-5, and only RQF level 6 roles will remain. There is, however, an Immigration Salary List that provides a list of jobs where a reduced salary threshold applies to Skilled Worker visa applications. This list will remain until 31 December 2026 and will include RQF level 3-5 roles. There will also be a new list that will be known as the ‘Temporary Shortage List’ which will be reviewed regularly by the government and will only be in place until 31 December 2026. Roles listed here will be within RQF level 3-5 but can be removed at any time.

There are transitional arrangements for individuals that are already in the UK with leave as a Skilled Worker or who have applied to this route with a Certificate of Sponsorship (CoS) before 22 July 2025. Those that are in an occupation code that no longer forms part of the new ‘RQF Level 6 Occupation List’, but are performing roles that are in RQF level 3-5 roles, can remain employed in the UK, with the option to switch or change employers. There are, however, certain roles that are RQF level 3-5 whereby the individual must continue to work for the same sponsor.

6135 Care Workers and home carers and 6136 Senior Care Workers

Sponsored employers can no longer sponsor such individuals from overseas. Transitional provisions apply to those already in the UK under these occupation codes.

Dependants

As of today, those that are being sponsored within an RQF level 3-5 role will not be able to bring their dependant partner or child to the UK. However, if you are already in the UK with permission as a Skilled Worker within the RWF level 3-5, you can continue to extend your dependants leave or apply for ‘Indefinite Leave to Remain’. Note that there are some exceptions that apply to children.

Other working routes

The Global Business Mobility Routes (GBM) and ‘Scale Up route’ will also see changes to the minimum salary threshold:

  • for a senior or specialist worker from £48,500 per year to £52,500
  • for a graduate trainee from £25,410 per year to £27,300
  • for a UK expansion worker from £48,500 to £52,500
  • ‘Scale Up route’ from £36,300 to £39,100

How do these changes affect the creative industries?

The theatre industry will be significantly impacted by these changes, particularly theatre companies who sponsor actors, writers, musicians and dancers.

Starting today, employers intending to sponsor a dancer as a Skilled Worker can only do so temporarily until 31 December 2026. This applies to skilled classical ballet dancers or skilled contemporary dancers who meet the standards required by internationally recognised UK ballet or contemporary dance companies.

Therefore, post 31 December 2026, such individuals will be required to be sponsored under the ‘Creative Worker route’. This creates restrictions on theatre companies that may require the individual to be in the UK on a long-term basis due to the Creative Worker Visa only allowing someone to be sponsored for two years at a time, meaning the visa will continually need to be renewed.

Interestingly, actors, entertainers and presenters have been removed from the occupation list completely, and those already in the UK as a skilled worker under this code will only be eligible to extend their leave in the UK. Individuals from overseas will no longer be eligible to apply under the ‘Skilled Worker route’.

Further proposed changes

If the above is not enough to get your teeth stuck into, we should say that this is not the end of the proposed changes to UK immigration rules. The government are set to provide an update regarding the following:

  • Earned settlement and citizenship: The government is proposing to extend eligibility to settlement from five years to 10 years for more work routes. Exemptions may apply to those that are able to demonstrate contributions to the UK economy.
  • Study routes and graduate routes: Reforms are set to tighten the student and graduate routes aiming to prevent these pathways from being used as a means to settle in the UK. While changes to the graduate route are still under review, the proposed reforms include reducing the duration of stay under the graduate route from two years to 18 months, with the possibility of additional restrictions being implemented.

If you have any questions in relation to any of the above, please get in touch with our immigration lawyers.

Employment Rights Bill: The latest for July 2025

Posted on by Anna Weeden

After a quiet few months on the journey of the Employment Rights Bill, the last couple of weeks have seen a flurry of employment law updates. There has been a lot to unpack, so we’ve summarised the latest timeframes and changes in an update of the ‘need-to-knows’ for right now.

What’s the current status?

The Bill has been making its way through the parliamentary journey to becoming law over recent months. The Bill is now in the ‘report stage’ in the House of Lords, after which it will return for a third reading and further consideration of the proposed amendments. The latest amended version of the 318-page Bill was published on 24 June 2025.

What’s the timeframe?

On 1 July 2025 the government published its UK employment law roadmap for the delivery of changes, so we now have more certainty on implementation dates. The key takeaway is, with the phased implementation, that most changes are going to take longer than expected to become law.

Although a handful of changes will take effect shortly after the Bill receives Royal Assent, most will be implemented during a lengthy phased delivery plan. Some of the most significant are:

  • April 2026: ‘day one’ rights to paternity leave and parental leave; ‘day one’ right to statutory sick pay and removal of earnings threshold for this; enhancement of whistleblower protection; trade union recognition and balloting changes.
  • October 2026: enhanced duty to take ‘all’ reasonable steps to prevent harassment; changes to the law on fire and rehire; further expansion of trade union rights.
  • 2027: introduction of ‘day one’ protection from unfair dismissal; changes to the law on zero-hour contracts; enhanced rights for pregnant workers; statutory bereavement leave; umbrella company regulation.

What can be seen immediately is that it will take longer than expected for some of the biggest changes to become law, with key measures such as ‘day one’ unfair dismissal rights being pushed into 2027. This means more planning and preparation time for businesses to determine how best to navigate the changes in their organisation. Consultations about the proposed changes will commence shortly and we expect those to continue into 2026.

What’s new or changed recently?

On 7 July 2025, a number of proposed changes were detailed for the Bill, with some attracting considerable press attention over the last few days. We’ve outlined the most significant updates from the latest draft below, as a summary of the recent amendments. (Not all measures are mentioned in this briefing; we have focussed on what has changed in the latest version of the Bill).

For all of the categories below, it is important to emphasise that these are proposals only. They may not make it into the final Bill and are subject to change.

For those who want some further topical reading, press coverage and commentary can be viewed here.

Update: Bereavement leave for families who face pregnancy loss

A statutory right to bereavement leave has been part of the proposals from the early stages, but the latest amendments confirm that bereavement leave will be extended to a stillbirth or loss of a child in the first 24 weeks of pregnancy. This has been referred to as ‘miscarriage leave’ in some press coverage and has been welcomed by many charities and campaigners.

This means that employers may see the right to bereavement leave taken up more than initially expected, given the estimated statistic that more than one in five pregnancies sadly end in miscarriage. Companies will need to update policy and practice accordingly when the time comes.

Update: A ban on NDAs (including in settlement agreements) which cover harassment and discrimination

This is a significant amend for employers to note; non-disclosure agreements and similar deals (including settlement agreement terms) will be void if they prohibit an individual disclosing details of discrimination or harassment. Confidentiality clauses may still be permissible, at the request of the employee only, although the detail of this is yet to come. What’s clear is that this change aims to make ‘cover up culture’ a thing of the past.

Of course, some clients are ahead of the curve on this, and already have a ‘no-gagging’ policy for any settlement or exit terms where there has been a complaint or claim of discrimination or harassment. For others, this will be a real step change. All employers will need to start thinking about their commitment to culture, good training and transparency in preparation for this change.

Update: Changes to whistleblowing laws

The amendments include significant changes to the protected disclosure or ‘whistleblowing’ laws, if they are passed and included in the final bill. In brief, these include changes to what qualifies as a ‘protected disclosure’, a tightening of the public interest requirement, a new offence of intentionally or recklessly subjecting a whistleblower to a detriment and a proactive duty on larger employers to take reasonable steps to investigate any protected disclosure.

This is one to watch and the finer detail of the proposed enhanced whistleblower protection, currently scheduled to become law in April 2026, still seems ‘up in the air’ at this time.

Update: The fire and rehire ‘ban’

The ban on ‘fire and rehire’ (the practice of dismissing an employee for refusing to agree to a variation of their contract and rehiring on the employer’s preferred terms) has attracted criticism that it would make it difficult for employers to make routine organisational changes where needed.

The latest proposals seek to temper the ban, in particular with a proposal that it will only prohibit ‘restricted variations’ to include pay, pension, hours and holiday. There are also proposed changes as to how the proof of financial distress (where fire and rehire is permitted) will be assessed and the consequences of unlawful dismissals in this situation, with this no longer being automatically unfair, but assessed by a reasonableness test.

The amendments importantly allow for variation clauses in employment contracts. Employers could consider checking their contract terms; if their standard templates don’t include a right to vary terms and conditions, it would be advisable to think about updating those now.

Update: New proposed rules on zero hour worker contracts

Changes to what the Government term ‘exploitative’ zero hour contracts have been a headline change in the Bill. These are casual employment contracts which do not guarantee any minimum working hours. The  latest amendments water down an originally proposed ban on these contracts, so that employees can request guaranteed hours, but there is no duty on the employer to offer them. Again these are proposed amends only which may not be backed by the Government, so we could yet see a return to the more far reaching reforms for zero hour contracts as originally outlined in Bill.

The review of the parental leave system

Separately from the changes in the Bill, on 1 July the Government also launched a full review of parental leave and pay. The review will look at the whole family friendly leave system, including maternity and paternity leave, shared parental leave; adoption leave and others, and will also review the statutory pay system. We will keep clients updated as the review progresses.

We will continue to track the developments of the Employment Rights Bill and will issue further updates as the Bill gets to the final consideration stage and we have more detail on final proposals and implementation.