Be connected: Higher education, Summer 2026
Welcome to Be connected, for higher education institutions. Our national team of legal experts deliver content that provides real value and relevant, actionable insights for higher education leaders.
In this edition we have updates, support and resources covering the latest developments in:
- Regulatory and governance.
- Employment.
- Student matters and litigation.
- Research, commercialisation and innovation.
- Estates and infrastructure.
- Leadership and strategy.
- Upcoming events.
- In the media.
Be connected is your platform, so do share your feedback and tell us what you would like to see in future editions.
Regulatory and governance
High Court overturns regulator’s fine against University of Sussex
The High Court overturned the Office for Students' (OfS) record £585,000 fine against the University of Sussex, a ruling that makes it clear the court considers the regulator acted beyond its powers.
The fine related to alleged breaches of public interest governance and registration conditions concerning free speech. Our legal comment examines what this means for every registered provider.
CUC Higher Education Code of Governance revised 2026: Key changes
The Committee of University Chairs has issued its revised Code of Governance, the primary framework for how university governing bodies operate across the sector. Our analysis sets out the key changes and what governing bodies can do now to prepare.
Academic freedom of speech in universities: New complaints process
The OfS is bringing a new freedom of speech complaints scheme into force. Our legal update explains how the scheme will operate, who can bring complaints and what universities and colleges need to do to prepare - particularly after the Sussex High Court ruling.
Latest procurement obligations and deadlines for universities
Four significant transparency obligations under the Procurement Act 2023 came into force between January and April 2026, with a payments compliance deadline of 30 April 2026 and quarterly payment reporting due 29 July 2026. Universities must act now.
Landmark Procurement Act ruling
The first court ruling under the Procurement Act 2023, Parkingeye v NHS Trust, signals a major shift. Courts are now more likely to maintain automatic suspensions when procurement decisions are challenged, making it harder for universities to proceed with contract awards during litigation.
Prevent oversight strengthened in higher education
The government has announced measures to strengthen how universities meet their Prevent duty, including a proposal for the OfS to become a formal whistleblowing body - allowing university staff to report Prevent non-compliance directly to the regulator. Institutions must act now to review their frameworks.
Employment
The latest changes under the new Employment Rights Act
The Employment Rights Act 2025 brings significant changes for universities as large employers - including day-one unfair dismissal rights, strengthened trade union obligations, guaranteed-hours protections for zero-hours workers, and restrictions on fire and rehire.
Staying on top of these developments as they come into force is essential.
TUPE reform: A call for evidence
In its Plan to Make Work Pay, the government committed to strengthening the existing rights and protections for workers set out in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
Student matters and litigation
What’s next for COVID-19 student group litigation?
Following UCL's settlement with 6,000 students over pandemic-era teaching disruption, dozens more universities now face similar claims. Our analysis helps institutions assess their exposure, understand the current position and prepare an effective response before the September 2026 limitation deadline.
The Office of Independent Adjudicator 2026 operating plan
The Office of the Independent Adjudicator (OIA) has published its operating plan for 2026, signalling its strategic priorities for student complaints this year. Our guide analyses the OIA's areas of focus and what these may mean for the ways in which universities handle complaints.
Kent meningitis outbreak: Legal commentary
A meningitis outbreak affecting students in Kent has reinforced the need for university staff to be clear on the legal duties owed to students during health crises on and around campus. We set out the key obligations and practical risk management considerations related to universities’ duty of care.
Research, commercialisation and innovation
University spin-outs: Turning research into companies that last
UK universities are renowned for excellent research, yet remain less effective at translating that into companies that grow, create employment and stay in the UK. Drawing on the Hickson Review, our lawyers identify the practical legal and structural steps institutions can take to accelerate spin-out deal-making and commercialisation.
International partnerships in UK higher education: Strategic guide
As geopolitical pressures create new risks for cross-border academic collaboration, universities face complex legal, reputational and regulatory challenges in their international partnerships. Our strategic guide helps senior leaders and legal teams structure partnerships and manage due diligence.
Estates and infrastructure
What Martyn's Law statutory guidance means for your campus
Statutory guidance under the Terrorism (Protection of Premises) Act 2025 (Martyn's Law) has now been published, setting out obligations for venues where 200 or more people are present, including educational institutions. Most universities will have venues on campus which meet this criteria so will need to take action.
A guide to PFI expiry and transition
Many universities with PFI-funded buildings face complex contractual, asset condition and governance questions as contracts approach expiry. Our guide for public sector organisations, including higher education institutions, sets out the key legal, financial and operational challenges and how to manage the transition.
Could new PPP models transform university infrastructure?
We’ve partnered with the CBI to shape reformed public-private partnership models for infrastructure investment. With university estates under pressure and capital scarce, a new PPP framework could open up private finance for campus development.
Upwards-only rent review ban: Potential retrospective impact
A proposed Lords amendment to the upcoming ban on upwards-only rent reviews could have immediate retrospective consequences for commercial leases signed from 17 March 2026. Our team explains what landlords, investors and occupiers need to know now.
Leadership and strategy
Andy Long: Social mobility and leading through uncertainty
Northumbria University Vice-Chancellor Andy Long speaks with candour about leadership, widening access and the financial and political pressures facing higher education in our #EdInfluence podcast. Around 40% of Northumbria's students come from areas with low participation rates - a statistic that reflects a mission, not a marketing message.
Crisis, recovery and resilience: Lucy Easthope in conversation
Professor Lucy Easthope - disaster recovery expert and Professor of Practice in Risk and Hazard at the University of St Andrews - discusses institutional resilience and crisis planning. This #EdInfluence podcast episode is a must-listen for university leaders and in-house counsel facing a volatile risk environment.
Browne Jacobson partners with HEPI to shape higher education policy
We’ve partnered with the Higher Education Policy Institute, the UK's only independent HE think tank. For our clients, university leaders and legal counsel operating in an increasingly complex regulatory environment, this partnership should provide a strong evidence base to contribute to strategic decision-making.
Sector events
We’re supporting the following sector events, pop over and say hello if you’re there too.
- Knowledge Exchange UK, Wales, 8 -10 June.
- AULP Annual Conference - St. Andrews, 17 - 19 June.
- UHR Summit, Birmingham, 23 - 24 June.
In the media
- Covid compensation claims leave universities 'very exposed': Times Higher Education.
- Students begin further Covid legal action after UCL case settled: Times Higher Education.
- Students in England and Wales launch legal action over Covid-hit studies: The Guardian.
- Students begin Covid compensation claim against 36 more universities: BBC.
- University of Sussex wins landmark free speech case against universities regulator: BBC.
- High court rejects free speech breach claim: The Guardian.
- High Court decision favours University of Sussex: Solicitors Journal.
- Court blocks OfS free speech fine for University of Sussex: University World News.
- CUC Higher Education Code of Governance revised 2026 - key changes: Lexology.
Discover more
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Be connected: Higher education, Summer 2026
High Court overturns Office for Students’ £585,000 fine against University of Sussex: Legal comment
CUC Higher Education Code of Governance revised 2026: Key changes
The next UCL student claims: COVID-19 litigation for universities
International partnerships in UK higher education: Strategic guide
Academic freedom of speech in universities: New complaints process
New higher education freedom of speech complaints scheme: Legal comment
The OIA’s 2026 operating plan: What universities need to know
Kent meningitis outbreak: Comment from higher education lawyer
Navigating PFI expiry and transition: Guide for organisations
Government strengthens Prevent oversight in higher education: Legal comment
Andy Long on trust, social mobility and leading through uncertainty
University spin-outs: Turning research into companies that last
Student Group Claim legal action against universities during COVID-19 lockdowns: Legal comment
Be connected: Higher education, Spring 2026
University of Sussex judicial review into OfS freedom of speech decision: Legal comment
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