Mishcon de Reya page structure
Site header
Menu
Main content section

Executive Matters

Issue 13: January 2026

Executive Matters

Editor's note

Daniel Naftalin
Daniel Naftalin

Welcome to the latest edition of Executive Matters, our quarterly publication tailored to the challenges and legal issues faced by Senior Executives. 

We begin with two significant developments in the employment sphere. First, the Employment Rights Act 2025 achieved Royal Assent in December, after several rounds of Parliamentary ping-pong. There is no doubt that the Act represents a once-in-a-generation shake-up of employment rights. I am therefore delighted to share that our Employment Team has created a new online report dedicated to explaining how to prepare for and navigate these new changes. 

Our second employment piece examines the resurgence in bonus litigation after bankers' bonus caps were scrapped by the FCA and PRA in 2023. 

Outside of employment, our Private Team has focused on the topic of divorce. Their first article considers the implications of new research that midlife women tend to face an alarming support-deficit during divorce. Their second looks at the complexities of dividing up incentive plans in the context of divorce, including whether they fall to be treated as matrimonial (or non-matrimonial) assets.   

We also have a rich mix of other firm-wide contributions. Our Innovation Team explains how the new Property (Digital Assets etc) Act 2025 could position the UK as an attractive jurisdiction for digital innovation. Our Immigration Team reviews the Home Office's consultation on altering the requirements for Indefinite Leave to Remain. And Mishcon Purpose – our interdisciplinary ESG and sustainability experts - explore our latest Sustainability Leaders Panel research, which highlights the correlation between transforming governance and accelerating progress on sustainability. 

MDR One recently published their Global Employment Handbooks, which provide in-house counsel and HR teams with a practical resource for navigating employment law and HR issues across Europe, APAC and the UAE.  Our international employment capabilities are expanding, with Natalie Jones joining us in UAE, and Winnie Weng's ever-developing employment practice in Hong Kong which covers drafting work and advisory services pertaining employment contract, restrictive covenant and employee handbook and policies.

Finally, two leadership events that may be of interest: 

We were joined in December by John Amaechi OBE, Professor of Leadership at the University of Exeter Business School, to discuss his new book, It’s Not Magic: The Ordinary Skills of Exceptional Leaders. In case you missed it, you can watch the recording

Please join us on 25 February 2026, when we will be hosting an International Forum of Senior Executive Advisers panel event on "The Glass Cliff" – the phenomenon which sees women and ethnic minority professionals disproportionately appointed to senior roles during times of crisis, volatility or reputational risk. Click for more information and contact us to register.  

Wishing you all the best for 2026. 

News
a pile of coins sitting on top on the table

The rise of bonus litigation

Prior to 2008, bonus disputes were staple pieces of litigation for UK employment lawyers. Post-financial crisis, however, major bonus claims started to dry up: banks were paying out more conservatively, taxes were high (reducing the net value of the bonus), appetite for risk was low and, for the most part, the law appeared settled and certain in favour of the employer.

News
abstract blocks on dark background

The Property (Digital Assets etc) Act 2025: Digital asset ownership

We recently opened new offices in Abu Dhabi and Dubai, strengthening how we support clients whose business, capital and family interests span the Middle East. We also took an important step in Hong Kong, establishing our own local law practice while continuing our longstanding association with Karas So LLP - creating even more opportunities for connected growth across Asia.

Subscribe

Never miss a publication by signing up to our mailing list

How can we help you?
Help

How can we help you?

Subscribe: I'd like to keep in touch

If your enquiry is urgent please call +44 20 3321 7000

Crisis Hotline

I'm a client

I'm looking for advice

Something else