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
The return of our monthly format for employment law updates sees new cases on whether a failure to carry out ACAS Early Conciliation is fatal to claims progressing, whether a claimant after proceedings are ongoing can add new...more
1/30/2025
/ Appeals ,
Conciliation ,
Dismissals ,
Employment Discrimination ,
Employment Litigation ,
Employment Rights Act ,
Pregnancy ,
Tribunals ,
UK ,
UK Employment Appeal Tribunal ,
Whistleblowers
This week we look at a case that covers the issue of what constitutes proper lawful consultation in smaller scale redundancies (fewer than 20). In particular, the case looks at whether there a need for group consultation, and...more
This week we summarise three very recent developments in employment law, one involving the Employment Rights Bill (ERB) and two new cases....more
This week we consider a new EAT decision that emphasises the difficulties of making assumptions about tribunal time limits, particularly the date from when time starts to run....more
8/9/2024
/ Breach of Contract ,
Conciliation ,
Employer Liability Issues ,
Employment Tribunals ,
Holiday Pay ,
Payroll Deductions ,
Statute of Limitations ,
Termination ,
UK ,
UK Employment Appeal Tribunal ,
Unpaid Wages
Our June update includes a new gender critical philosophical belief case exploring some new areas (such as the nature of the workplace), a case on redaction of disclosure documents and whether the redacted material was...more
6/28/2024
/ Artificial Intelligence ,
Employer Liability Issues ,
Employment Litigation ,
Employment Tribunals ,
Equality Act ,
EU ,
European Convention on Human Rights ,
Gender Identity ,
Human Rights ,
Protected Activity ,
Redacted Documents ,
Redundancy Dismissals ,
Religious Expression ,
Remote Working ,
Technology Sector ,
UK ,
UK Employment Appeal Tribunal
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 January update includes a new Court of Session case giving (a degree of) certainty on settlement agreements prohibiting future unknown claims and a new case on constructive dismissal focusing on the rules around delaying...more
2/1/2024
/ Employment Contract ,
Employment Litigation ,
Flexible Work Arrangements ,
Grievance Process ,
Paternity Leave ,
Proposed Legislation ,
Settlement Agreements ,
Sexual Harassment ,
UK ,
UK Employment Appeal Tribunal ,
Wage and Hour ,
Work Schedules
Are Transgender Individuals “Women” Under the Equality Act 2010, Bringing New Whistleblowing Claims Already Dismissed and Settled Under a COT3, the Necessity of Early Redundancy Consultation, and a General News...more
Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more
11/30/2023
/ Arbitration ,
Bonuses ,
Clawbacks ,
Consultation ,
Employment Litigation ,
Employment Tribunals ,
European Convention on Human Rights ,
Gig Economy ,
Independent Contractors ,
International Labor Organization (ILO) ,
Judicial Review ,
Resignation ,
Restraint of Trade ,
TUPE ,
UK ,
UK Employment Appeal Tribunal ,
UK Supreme Court ,
Unions ,
Wage and Hour
Our October update includes a significant Supreme Court decision on how to treat historic underpayments of holiday pay, a preliminary tribunal hearing on whether a belief in race equality that opposed critical race theory was...more
10/31/2023
/ Blacklist ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Rights Act ,
Employment Tribunals ,
Equality Act ,
Hiring & Firing ,
Holiday Pay ,
Information Commissioner's Office (ICO) ,
Race Discrimination ,
Redundancy Dismissals ,
UK Employment Appeal Tribunal ,
UK GDPR ,
UK Supreme Court ,
Underpayment ,
Unfair Dismissal ,
Wage and Hour
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 June update includes cases on whether an employer notified of an employee’s pregnancy just before termination is liable for a pregnancy dismissal, whether an employer’s future discovery of a disability makes it...more
6/27/2023
/ Artificial Intelligence ,
Constructive Discharge ,
Coronavirus/COVID-19 ,
Disability ,
Disability Discrimination ,
Furloughs ,
Health and Safety ,
Hiring & Firing ,
Performance Reviews ,
Popular ,
Pregnancy ,
Pregnancy Discrimination ,
Redundancy Dismissals ,
Sick Leave ,
Termination ,
UK ,
UK Employment Appeal Tribunal ,
Unfair Dismissal ,
Work Schedules ,
Workplace Safety
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 November update includes new case law on settlement agreements, particularly the extent to which they can prevent future claims, satisfying statutory requirements for protected disclosures in whistleblowing cases and an...more
Our October update includes new case law on Long Covid/disability discrimination, confirmation of limits on the scope of protected philosophical beliefs, and a tricky case on extending discrimination time limits. It also...more
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
Our August update includes new case law on the calculation of holiday pay for part-time workers, a tricky case on whistleblowing, two cases on the balance between gender critical views and trans discrimination, a news roundup...more
8/17/2022
/ Data Subject Access Requests ,
Gender Discrimination ,
Holiday Pay ,
Part-Time Employees ,
Proposed Legislation ,
Transgender ,
UK ,
UK Employment Appeal Tribunal ,
Unions ,
Wage and Hour ,
Whistleblowers