Be connected: Higher education, Autumn 2025

10 November 2025

Kate Gallagher

Welcome to be connected, for higher education institutions.

Our national team of legal experts delivers content that provides real value and relevant, actionable insights for higher education leaders.

In this edition we have updates, support and resources covering:

Sector insights.
New legislation and regulatory developments.
Employment.
Support and guidance.
Workshops and webinars.
…and more!

Be connected is your platform. Share your feedback and tell us what you would like to see in future editions to help us serve you better.

Sector insights

Implications of the Greenwich and Kent universities merger

The UK’s first “super-university” will form when Greenwich and Kent universities merge. Under the proposed name London and South East University Group, it will have one vice-chancellor and bring together 28,000 undergraduate students from autumn 2026.

This follows Universities UK's June report Towards a New Era of Collaboration, which proposed “multi-university trusts”. We draw on our extensive experience establishing multi-academy trusts, to consider how this could work in higher education.

Transforming HE: Lessons from the Academies Programme

The school academies model offers valuable insights for higher education reform. This series of articles explores how the Academies Programme evolved from addressing failing schools to creating collaborative multi-academy trusts offering insights for universities facing similar challenges around autonomy, accountability and collaboration.

We examines what university leaders can learn from two decades of school reform, including the benefits and pitfalls of increased institutional freedom, effective governance structures, and collaborative partnerships that drive improvement whilst maintaining institutional identity.

Our views on the Post-16 Education and Skills White Paper

The government's Post-16 Education and Skills White Paper brings inflation-based fee rises for universities, but with strings attached around quality standards and student outcomes.

We analyse how the international fee levy and research funding changes will impact institutional financial planning differently, whilst exploring opportunities for regional collaboration and lessons from the academies programme. This article is essential reading for strategic planning.

Can shared TTOs help universities commercialise?

Technology Transfer Offices (TTOs) play a crucial role in university innovation and research commercialisation. While top-tier institutions like Imperial College London, Oxford, and Cambridge operate expansive, independent TTOs, smaller universities face significant challenges supporting academic spinouts and maximising research value.

We consider pilot programmes exploring shared TTO models and how collaboration helps smaller institutions overcome barriers to improve efficiency.

Freedom of speech in higher education: navigating new legal requirements

The Higher Education (Freedom of Speech) Act 2023 enhanced legal duties for English HE providers. While the incoming government amended problematic aspects, institutions face strengthened requirements to secure lawful free speech and new duties to actively promote it.

The Act prohibits using NDAs for Equality Act 2010 harassment claims, removing barriers for affected staff and students to speak out about sexual harassment and misconduct.

DUAA 2025: Research opportunities for universities

The Data (Use and Access) Act 2025 introduces significant changes to how universities can access and utilise data for research purposes.

We examine the new legislative framework and its implications for higher education institutions, exploring how the Act creates research collaboration opportunities while imposing new data governance and security obligations. We provide practical guidance on navigating regulatory requirements and maximising research benefits.

Identity verification for overseas companies with UK establishments

The Economic Crime and Corporate Transparency Act 2023 introduces new identity verification requirements affecting universities with international partnerships and overseas operations.

We explain the practical implications for higher education institutions, particularly those with overseas campuses, international research collaborations, or subsidiary companies. We outline verification obligations for individuals in positions of control and provide compliance guidance for these anti-money laundering measures.

New higher education harassment and sexual misconduct condition

Universities now face strengthened regulatory requirements following the introduction of a new condition specifically addressing harassment and sexual misconduct.

Universities must demonstrate compliance through proactive measures: robust policies, staff training, effective reporting mechanisms and comprehensive support services. We help institutions implement these requirements to create safe learning environments.

EHRC taking regulatory action concerning single-sex spaces

The Equality and Human Rights Commission (EHRC) has signalled its intention to take regulatory action regarding single-sex spaces provision, which could have significant implications for universities.

We analyse the EHRC's position and what it means for higher education institutions managing accommodation, sports facilities, and other single-sex provisions. We clarify the legal framework under the Equality Act 2010 and offer practical guidance on balancing competing rights while ensuring equality law compliance.

Stay up to date on employment rights

The Employment Rights Bill brings the most significant UK employment law changes in a generation, creating challenges for universities facing funding pressures and restructuring.

Proposed reforms include day-one unfair dismissal rights, zero-hours contract restrictions, enhanced union rights and fire-and-rehire protections. These changes will reshape workforce management across higher education. The sector already complies with NDA prohibitions for sexual misconduct claims under the 2023 Act.

We help institutions prepare for these changes.

Supporting neurodiverse staff in the education sector

With employment tribunal claims related to neurodiversity rising sharply, universities must take proactive steps to support neurodiverse employees. We examine recent case law, including Khorram v Capgemini, which highlights the importance of implementing reasonable adjustments and fostering inclusive workplace cultures.

We offer practical guidance for higher education institutions on obtaining and acting upon occupational health advice, delivering neurodiversity awareness training, setting realistic performance expectations, and ensuring recruitment practices promote inclusion - all while meeting Equality Act 2010 obligations.

Workplace sexual harassment: One year on

One year since the Worker Protection Act 2023 introduced a legal duty requiring employers to prevent workplace sexual harassment, enforcement is intensifying with tribunal compensation awards increasing by up to 25% for non-compliance.

For universities, the stakes are higher: the Office for Students' condition E6 now mandates prevention measures for staff-student harassment, with potential financial penalties. This analysis examines EHRC enforcement actions, evolving case law on employer liability, and upcoming Employment Rights Bill changes.

AI drug discovery IP disputes: Who owns the algorithm?

As artificial intelligence becomes central to drug discovery and research, questions of intellectual property ownership are intensifying. We examine growing litigation around AI-generated innovations, exploring who can claim inventorship when algorithms design molecules or identify novel compounds.

Following UK Supreme Court confirmation that only natural persons can be named as inventors, we analyse complex issues of human contribution, ownership entitlement and patent rights. For universities engaged in AI-assisted research, we provide strategic guidance on protecting innovations, clarifying ownership in collaborative projects, and navigating the evolving IP landscape.

Otter chaos: Issues with using AI notetakers

AI notetaking tools like Otter, Teams and Fireflies offer convenience but create significant legal risks universities must understand. We explore how automatic transcription can compromise legal privilege when transcripts are inadvertently shared and examine data protection concerns when meeting participants aren't properly informed about recording and transcription.

We also address AI providers using transcripts to train their systems, potentially without proper consent. For universities using these tools in sensitive contexts - from governance meetings to student consultations - we provide essential guidance on managing these risks.

Frequently asked questions about the new Mental Health Bill

The Mental Health Bill is progressing through its final legislative stages and will soon become law, with significant implications for universities supporting students with mental health conditions. This comprehensive guide answers key questions about the Bill's timeline, its major Mental Health Act 1983 reforms, and recent amendments.

We explain what has changed since the Bill's introduction, which proposed amendments were rejected, and the expected ten-year implementation timeline. For university wellbeing services, student support teams and accommodation providers, we provide clarity on the evolving legal framework governing mental health care.

Social Mobility Incubator webinar: Finalising and embedding your social mobility strategy

11 November 2025, 2pm - 3pm, Online

We discuss how to start embedding your social mobility strategy within your organisation.

We will also explore effective ways to communicate the strategy to key stakeholders, and there will be plenty of time for questions about your approach to social mobility. This is the final in a series, you can catch-up on previous Social Mobility Incubator webinars on demand.

Shaping a culture of inclusion and high performance

24 November 2025, 12.30pm - 1.30pm, Online

Join us as we explore how creating a culture of inclusion drives high performance. Your people are your greatest asset, but life happens to us all and we will discuss how employers can manage the impact life can have at times while continuing to drive high performance.

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Paul argues for practical AI experiments - prompt labs, cross-functional hackathons and shared libraries - that build literacy and judgement. Paul and Nick discuss why most AI agents stall at the last mile and why borrowing expertise beats reinventing it.

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Browne Jacobson ranks highly in the 2026 legal directories

The Legal 500 directory 2026 results have been announced and we’re the only education team to be ranked Band 1 across all the offices where Legal 500 has an education ranking.

Kate Gallagher, who heads up our higher education practice is now a Legal 500 recommended lawyer, as is Nathalie Jacoby-Danesh, who joined us in 2023 and Claire Archibald who joined us a year ago. They join other recommended lawyers on our team including Dominic Swift, Nick Smee, and Scott Mounfield.

Chambers and Partners have again recognised Bettina Rigg and Nick MacKenzie as leading partners and Trish D’Souza who joined us last year at our Cardiff office, is an ‘Associate to Watch’.