Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more
5/29/2025
/ Appeals ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equality Act ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Race Discrimination ,
Sexual Harassment ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblowers
BCLP recently hosted a seminar on AI in HR. In this thought-provoking session, we considered how AI is used in HR and its regulation in the EU and the UK, and then engaged in some discussions around two theoretical scenarios....more
12/11/2024
/ Artificial Intelligence ,
Employment Policies ,
EU ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
Human Resources Professionals ,
Information Commissioner's Office (ICO) ,
International Labor Laws ,
Recruitment Policies ,
Regulatory Standards ,
Risk Management ,
UK
Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more
5/30/2024
/ Disability ,
Disability Discrimination ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Human Resources Professionals ,
Information Reports ,
Pay Gap ,
Sexual Harassment ,
Termination ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblowers
Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more
4/30/2024
/ Age Discrimination ,
Artificial Intelligence ,
Bias ,
Disability Discrimination ,
Employer Liability Issues ,
Equality Act ,
Flexible Work Arrangements ,
Hiring & Firing ,
Human Resources Professionals ,
Non-Disclosure Agreement ,
Racial Bias ,
Sex Discrimination ,
Termination ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblowers ,
Work Schedules
Our March update includes a case on whether a theatre and agency could dismiss an actor playing a lesbian role because of her devout Christian beliefs, and a case looking at whether an employee who spends virtually all her...more
3/28/2024
/ Employment Discrimination ,
Employment Tribunals ,
Equal Pay ,
Financial Services Industry ,
Gender Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Jurisdiction ,
Pay Gap ,
Ports ,
Redundancy Dismissals ,
Religious Beliefs ,
Remote Working ,
Sex Discrimination ,
Termination ,
UK ,
UK Employment Appeal Tribunal
Our February update includes a case on the issue of whether job applicants can bring whistleblowing claims, and a case on who pays what compensation to a successful claimant. We also feature a news round-up looking at what...more
2/28/2024
/ Appeals Tribunals ,
Employment Discrimination ,
Employment Litigation ,
Employment Rights Act ,
European Convention on Human Rights ,
Human Resources Professionals ,
Job Applicants ,
Joint and Several Liability ,
Legislative Agendas ,
New Guidance ,
Political Parties ,
UK ,
Unfair Dismissal ,
Unfair Labor Practices ,
Wage and Hour ,
Whistleblowers
Our August update includes cases on the (discriminatory) harassment of a gender critical employee, a case in which a dismissing officer was not present at a dismissal meeting, and a case where a tribunal reached the unusual...more
8/29/2023
/ Artificial Intelligence ,
Confidential Information ,
Disciplinary Proceedings ,
Dismissals ,
Drivers ,
Employee Definition ,
Gender Identity ,
Harassment ,
Human Resources Professionals ,
Labor Code ,
Regulatory Reform ,
Shareholders ,
Taxi Cabs ,
Transgender ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal
Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more
7/28/2023
/ Age Discrimination ,
Anti-Nepotism Laws ,
Disability Discrimination ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Tribunals ,
Equality Act ,
Flexible Work Arrangements ,
Harassment ,
Human Resources Professionals ,
Human Rights ,
LGBTQ ,
Pending Legislation ,
Public Schools ,
Race Discrimination ,
Religious Beliefs ,
Social Networks ,
Termination ,
Transgender ,
UK ,
UK Employment Appeal Tribunal ,
Unconscious Bias ,
Unfair Dismissal
Our May update includes cases on the removal of an EAT panel member for bias in a case involving religious belief and the teaching of children about same sex marriage, the effect of a CPO which prevents individuals from...more
5/26/2023
/ Bias ,
Employment Tribunals ,
EU ,
Human Resources Professionals ,
Non-Compete Agreements ,
Proposed Amendments ,
Rules of Civil Procedure ,
TUPE ,
UK ,
UK Employment Appeal Tribunal ,
Work Schedules
Our April update includes cases on religious belief discrimination in the education sector, with a school chaplain preaching to pupils his views on same-sex marriage, a case considering whether the potentially disruptive...more
4/26/2023
/ Administrative Proceedings ,
Disability ,
Disability Discrimination ,
Employee Retention ,
Employer Liability Issues ,
Hiring & Firing ,
Human Resources Professionals ,
Pregnancy Discrimination ,
Race Discrimination ,
Redundancy Dismissals ,
Religious Beliefs ,
Remote Working ,
Sex Discrimination ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblowers
Our March update includes new cases on whether a “without prejudice” letter attaching a settlement agreement and referring to a termination by mutual agreement can be an effective dismissal letter, the role of written...more
3/23/2023
/ Contract Terms ,
Employer Liability Issues ,
Employment Litigation ,
Flexible Work Arrangements ,
Hiring & Firing ,
Human Resources Professionals ,
Maternity Leave ,
Proposed Legislation ,
Redundancy Dismissals ,
Redundancy Payments ,
Settlement Agreements ,
Sex Discrimination ,
Termination ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal ,
Work Schedules
Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more
2/22/2023
/ Disability Discrimination ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Tribunals ,
Evidence ,
Human Resources Professionals ,
Marital Status ,
Marital Status Discrimination ,
Non-Disclosure Agreement ,
Settlement Agreements ,
UK ,
UK Employment Appeal Tribunal ,
WhatsApp
Our January update includes new cases on “without prejudice” conversations on termination of employment, the difficulties of applying 100% “Polkey” reductions in unfair dismissal awards, and issues of employers introducing...more
1/19/2023
/ Bereavement Leave ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Human Resources Professionals ,
Medical Leave ,
Paid Leave ,
Parental Leave ,
Pregnancy Discrimination ,
Privileged Communication ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal ,
Without Prejudice Privilege ,
Work Schedules
Our December update includes new case law on a very unusual take on taxing payments under settlement agreements, how difficult it can be to withdraw an appeal and stop a dismissal from vanishing, and the consequences, even if...more
12/15/2022
/ Bias ,
Employee Misconduct ,
Employment Litigation ,
Health and Safety ,
Hiring & Firing ,
Human Resources Professionals ,
Income Taxes ,
Non-Disclosure Agreement ,
Pay Gap ,
Racial Bias ,
Settlement Agreements ,
UK ,
Workplace Safety
Our September update includes new case law on the controversial area of gender-critical/trans beliefs, a far-reaching anonymity order made by the EAT, dismissals for political beliefs/activities and a news roundup on ACAS...more
9/13/2022
/ Anonymity ,
Conciliation ,
Diversity ,
Employer Liability Issues ,
Employment Discrimination ,
Gender Discrimination ,
Human Resources Professionals ,
Political Affiliation ,
Political Candidates ,
Political Speech ,
Sexual Harassment ,
Transgender ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal