Reform of UK Employment Law: A 2026 guide for french employers in the UK

The UK government’s new “earned settlement” proposals reveal a stark divide in how people can secure their right to live permanently in the UK. For EU, EEA nationals and Swiss nationals and their families who were living in the UK before Brexit, the EU Settlement Scheme increasingly seems a beacon of fairness. For everyone else, the future looks far less certain—and much harder.

As 2026 begins, the UK is entering a period of the most substantial reform of employment rights in a generation. The Employment Rights Act 2025 (“ERA 2025”) became law in December 2025 following extensive Parliamentary debate and marks a decisive shift in the balance between employers and workers. Overall, ERA 2025 represents a material strengthening of workers’ rights in the UK, bringing employment protections closer to European standards in several key respects. 

The festive season is a time for joy, connection, and celebration. Yet for employers, it also brings heightened risks. Work social events, whether Christmas parties, drinks after work, or team dinners, are legally considered an extension of the workplace. That means employers can be held liable for misconduct that occurs at these gatherings, even when no harm was intended.

For many, the subject of pensions is one that is barely thought about until absolutely necessary. The same is certainly true in the context of divorce proceedings. Unless retirement is imminent, asking clients to think about pensions is a difficult concept for them to grasp. This is particularly true of clients who would be classed as the financially weaker party who may not have ever, or at least not for a long time, contributed to any form of private pension. Self-employed individuals can also find themselves in this same predicament. 

Francophone couples living in England or those who own assets here may be surprised at the differences between a standard English prenuptial agreement and the ‘contrats de mariage’ which are so common across continental Europe.

Family relationships involving international couples can be complex and the need for cross-border planning and an understanding of other jurisdictions is critical for family lawyers working in London. Claire Wood helps clients to understand some of the differences in approach across the channel. 

I am regularly asked to advise French and international couples on the protective agreements available to them before they marry.  They are often surprised to learn that it isn’t possible to draft a global prenuptial agreement which would be enforceable throughout the world, wherever the couple move to in the future.  

As so many families that we advise now live across several countries, and particularly in France, we regularly get asked whether Lasting Powers of Attorney made in the UK and registered with the Office of the Public Guardian can be recognised in France.

It’s official: Les Jeux Olympiques have returned to Paris after 100 years. Paris is one of only three cities, along with London and Los Angeles, to have hosted the Olympic Games three times. After two weeks of sport, the Anglo-French rivalry is very much alive and almost too close to call; at the time of publication France are just ahead with 53 medals (including 14 gold), while Team GB has 51 medals (including 13 gold). 

Perhaps the most common scenario that springs to mind when thinking of the impact of a matrimonial regime or nuptial agreement is in the event of divorce. The election of a matrimonial regime (if applicable) or creation of a bespoke nuptial agreement can have far-reaching consequences if a couple decides to separate later down the line. Anglo-French couples should certainly make themselves aware of the starkly different consequences that each option brings.

Immigration has long been a part of Britain’s history, however the concept of documenting and restricting certain migrants is relatively new - having first been introduced at the turn of the 20^th Century.

The importance of inheritance planning cannot be underestimated – failure to consider the succession and tax consequences that arise on the death of a spouse can lead to significant financial implications, at a time when emotions could already be running at an all-time high. Particularly in situations where there is a large amount of familial wealth, the earlier this is considered, the better, and marriage (and the election or not of a matrimonial regime, or creation of a bespoke nuptial agreement) is a good time to take stock and ensure your family is protected for the future.

The concept of matrimonial regimes has become increasingly well known in England, having been a stalwart of the French marriage process for centuries. International clients and those with Anglo French connections are asking the right questions about French marriage contracts versus English prenuptial or postnuptial agreements more frequently, being more aware of the significant differences between the two and also the need for cross-border legal advice to ensure their interests are protected should they later choose to divorce.

The French Pacte Civil de Solidarité (PACS) is a contract entered into by two unmarried adults, of the same or opposite sex, which allows them to plan their life together. Registration of the civil union between the partners takes place at the town hall. The PACS contract can also be drafted by a notary so that the clauses of their contract are bespoke to their family and financial situation.

Les couples français vivant en Angleterre sont souvent surpris d'apprendre que le régime matrimonial français qu'ils ont choisi lors de la signature de leur contrat de mariage français pourrait ne pas être appliqué par les juges anglais s'ils divorcent en Angleterre.

French couples living in England are often taken aback to learn that the French matrimonial regime they chose when they signed their French marriage contract might not be applied by English judges if they divorce in England.

En tant que citoyens de l'UE, les français bénéficient de la libre circulation des personnes au sein de l'UE, ce qui signifie qu'ils ont le droit de vivre et de travailler dans n'importe quel État membre sans avoir à demander de visa. Maintenant que le Royaume-Uni a quitté l'UE, ce droit ne s'applique plus aux citoyens de l'UE qui viennent au Royaume-Uni.

As EU nationals, French nationals enjoy free movement within the EU which means that they have the right to live and work in any member states without applying for a visa. Now that the UK has left the EU, this right no longer applies to EU nationals coming to the UK.

Cela me rappelle le tableau du "Jugement de Paris", qui décrit le moment où d'éminents critiques de vin français, lors d'un test de dégustation, se sont rendus compte qu'ils avaient mieux classé les vins californiens que les vins français.

La requête en divorce a été déposée. L’on peut à présent se concentrer sur l’un des deux autres éléments essentiels d’une séparation, à savoir l’aspect financier. La procédure sur les mesures financières et la décision finale sont un facteur décisif dans le choix du lieu du divorce. De nombreux clients supposent que les procédures en Angleterre et en France sont similaires. Cela n’est pourtant pas le cas.