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Sep 17, 2026
Sep 17, 2026
Redundancy or Workforce Replacement? The Hidden Trap in the ERA That Could Catch Every Restructure
The fire and rehire provisions in the Employment Rights Act have had less focus than some of the more headline grabbing changes. However, they do represent a big change for employers. Getting even less attention, tucked alongside the key provisions on varying terms is a further reform, a provision that creates a separate category of automatically unfair dismissal where an employer dismisses an employee in order to have their work done by a non-employee. It is aimed at preventing employers from dressing up workforce replacement as redundancy. But is the ambit of this provision wider than intended?
Insights
Sep 17, 2026
Sep 17, 2026
In Part 1, What Happens If a UK University Fails?, Richard Obank explored the growing financial pressures facing the higher education sector and the limitations of the existing insolvency framework available to universities.
In this second instalment, the legal analysis continues by considering the practical options available to a financially distressed Royal Charter institution, including receivers and managers and a scheme of arrangement. It then turns to the further education regime and asks whether that framework provides a workable blueprint for higher education, while recognising the additional challenges created by degree awarding powers, funding, charitable assets, research infrastructure and scale.
Insights
Sep 15, 2026
Sep 15, 2026
European Commission’s ecosystems theory of harm: cleared for take-off?
On 9 September 2026, the EU’s General Court delivered its judgment in Booking Holdings’ (“Booking”) appeal of the European Commission’s 2023 decision to block its proposed acquisition of Etraveli. The judgment, which upheld the Commission's decision, provides important guidance on the Commission's merger assessment framework, especially as regards the assessment of “non-horizontal” mergers where the parties are active in different but related markets.
Insights
Sep 15, 2026
Sep 15, 2026
The Mills Review revisited: where autonomous AI is testing the UK regulatory framework
The FCA’s position has been that the UK’s existing regulatory framework can accommodate AI and that AI-specific regulation is not currently required. The Mills Review (the “Review”), published by the FCA on 6 July 2026, broadly supports that view. It should not, however, be read as signalling regulatory restraint. Rather than proposing new rules, it anticipates heightened expectations around governance, oversight and evidencing compliance as firms adopt increasingly autonomous AI systems.At the heart of the Review is a five-stage “autonomy spectrum”, under which humans move from making decisions to supervising AI-generated outcomes. As delegation increases, accountability becomes harder to trace and meaningful human oversight more difficult to demonstrate. Against that backdrop, the Review raises a broader question: whether firms can continue to demonstrate effective oversight, accountability and regulatory compliance as decision-making becomes increasingly delegated to AI. The FCA’s September 2026 review of frontier AI and cyber resilience brings that evidential challenge into sharper focus: its practical observations emphasise that effective AI deployment depends on the governance, controls, human judgement and operational environment around the model, rather than model capability alone.