Employment Law Brief

Immigration white paper published: what HR teams need to know

Thursday, 15 May 2025

The UK Government has published its long-promised White Paper setting out how it intends to reduce net migration. The proposed changes are likely to have a significant impact on employers who rely on overseas talent.

Immigration white paper published: what HR teams need to know

Articles & Blogs Employment

Government responds to concerns over third-party harassment duty in the Employment Rights Bill

Thursday, 15 May 2025

The Government has clarified its position on the new third-party harassment duty in the Employment Rights Bill, emphasising prevention over retrospective knowledge.

Government responds to concerns over third-party harassment duty in the Employment Rights Bill

Articles & Blogs Employment

HMRC revises CEST employment status tool and guidance

Thursday, 15 May 2025

HMRC has updated its CEST tool and guidance. While the tool can be relied upon when used correctly for IR35 and off-payroll working, users must be clear on its limited scope when used outside that context.

HMRC revises CEST employment status tool and guidance

Articles & Blogs Employment

TUPE: no transfer of liability for harm caused to third parties

Thursday, 15 May 2025

This High Court decision confirms that TUPE does not transfer liabilities owed to third parties, reinforcing that the protections it provides are centred on employees, not external claimants.

TUPE: no transfer of liability for harm caused to third parties

Articles & Blogs Employment

Contractual flexibility clause did not entitle lorry driver to additional pay (EAT)

Friday, 09 May 2025

The EAT has clarified that an employee contractually required to work variable shift lengths is not automatically entitled to additional pay for longer-than-expected days.

Contractual flexibility clause did not entitle lorry driver to additional pay (EAT)

Articles & Blogs Employment

Employment Rights Bill: Government amendments progress at Lords Committee stage

Friday, 09 May 2025

The first day of the Lords Committee stage saw a series of technical government amendments to the guaranteed hours provisions in the Employment Rights Bill.

Employment Rights Bill: Government amendments progress at Lords Committee stage

Articles & Blogs Employment

Cancellation of overtime was not less favourable treatment of part-time worker, confirms EAT

Friday, 09 May 2025

The EAT has upheld a tribunal’s decision that confusion over budget arrangements rather than part-time status explained the treatment of a job-share employee whose overtime request was refused.

Cancellation of overtime was not less favourable treatment of part-time worker, confirms EAT

Articles & Blogs Employment

EHRC issues interim update following Supreme Court ruling on the definition of 'sex' under the Equality Act

Wednesday, 30 April 2025

The Equality and Human Rights Commission (EHRC) has published an interim update on the practical implications of the Supreme Court's judgment in For Women Scotland v Scottish Ministers.

EHRC issues interim update following Supreme Court ruling on the definition of 'sex' under the Equality Act

Articles & Blogs Employment

Court of Appeal clarifies limits on adverse inferences from missing records

Wednesday, 30 April 2025

The Court of Appeal has clarified when the absence of historic records might justify drawing adverse inferences, offering helpful reminders for employers about evidential risks, record-keeping practices, and statutory compliance.

Court of Appeal clarifies limits on adverse inferences from missing records

Articles & Blogs Employment

Employment Rights Bill: proposed amendments at House of Lords Committee Stage

Wednesday, 30 April 2025

Further government amendments to the Employment Rights Bill aim to strengthen protections for workers on zero-hours and low-hours contracts.

Employment Rights Bill: proposed amendments at House of Lords Committee Stage

Articles & Blogs Employment

Supreme Court confirms biological definition of sex under Equality Act 2010 – what this means for employers

Friday, 25 April 2025

The Supreme Court has clarified what 'sex' means under the Equality Act. Employers now have greater legal certainty, but the case also highlights the need to balance workplace inclusion with existing legal protections for trans people.

Supreme Court confirms biological definition of sex under Equality Act 2010 – what this means for employers

Articles & Blogs Employment

EAT clarifies costs rules in discrimination claims brought by litigants in person

Friday, 25 April 2025

The EAT has overturned a £20,000 costs order due to the tribunal's flawed assumptions about legal advice and hindsight bias in assessing prospects of success.

EAT clarifies costs rules in discrimination claims brought by litigants in person

Articles & Blogs Employment

Employment Rights Bill: questions raised over third-party harassment provisions

Thursday, 17 April 2025

The Joint Committee on Human Rights has queried whether clause 20 of the Bill strikes the right balance between privacy and freedom of expression.

Employment Rights Bill: questions raised over third-party harassment provisions

Articles & Blogs Employment

Court of Appeal confirms limits of whistleblowing rights for job applicants

Thursday, 17 April 2025

Court confirms Employment Rights Act 1996 does not breach human rights by excluding job applicants from whistleblowing detriment protection.

Court of Appeal confirms limits of whistleblowing rights for job applicants

Articles & Blogs Employment

IR35: Upper Tribunal confirms employment status in doctor's hospital engagement

Thursday, 17 April 2025

The Upper Tribunal has ruled that a doctor engaged through a company would have been an employee under a direct contract, presenting a reminder of the complexities and potential liabilities under IR35.

IR35: Upper Tribunal confirms employment status in doctor's hospital engagement

Employment

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