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Disability discrimination – what is a disability?
Posted: 05/03/2025
The question of ‘what is a disability?’ is often contested in Employment Tribunal (ET) claims, and has recently been examined by the Employment Appeal Tribunal (EAT) in the case of Mrs Alcian Roofe-Stewart v MacIntyre Care. In this case the EAT considered whether the ET had properly taken into account the application of the Equality Act......>>
What to expect in employment law in 2025
Posted: 08/01/2025
The Labour Party’s victory in the 2024 general election means that 2025 is set to be another busy year in the field of employment law. Its ‘Plan to Make Work Pay’ has been heralded, admittedly by the deputy prime minister Angela Rayner, as the biggest upgrade to rights at work for a generation, and the publication of the Employment Rights......>>
Gender identity and the law – where are we now?
Posted: 28/06/2024
With Pride Month drawing to a close, and the new month heralding a potential change in government, there is a firm focus on LGBTQIA+ issues, and the major political parties have all included the subject in their recently published manifestos. While claims for sexual orientation discrimination continue to occupy the courts and tribunals......>>
Proposed changes to paternity leave rules
Posted: 30/01/2024
The draft Paternity Leave (Amendment) Regulations were presented to Parliament in early January. If approved, they will improve the flexibility around taking statutory paternity leave (and paternity leave for adoption and shared parental leave) in England, Wales and Scotland. However, campaigners have criticised these proposed amendments......>>
New equality laws for a new year
Posted: 24/01/2024
On 1 January 2024, amendments to the Equality Act 2010 came into force. These amendments preserve, and in some cases, extend, a number of employment rights which would otherwise have ceased to be effective at the end of 2023 by virtue of the Retained EU Law (Revocation and Reform) Act 2023 (REUL). The amendments are summarised as......>>
What to expect in employment law in 2024
Posted: 05/01/2024
As we welcome another year, we continue our series of annual articles looking ahead to what the next 12 months will bring for employment law and consider what may lie in store during 2024. Although the ‘bonfire’ of EU legislation promised by the government will no longer take place, the Retained EU Law (Revocation and Reform) Act 2023......>>
Data subject access requests (DSARs): an invaluable tool for employees?
Posted: 15/12/2023
DSARs are, depending on who you speak to, an invaluable tool for individuals seeking access to the personal data held by their employers. DSARs can be made for various reasons, although they are often used to elicit critical information that may be hidden beneath the surface in the vast array of databases controlled by companies......>>
Right to participate in share incentive plans transferred under TUPE
Posted: 09/11/2023
In its recent judgment, the Court of Session in Scotland found that the right to participate in a share incentive plan (SIP) can transfer to a new employer by virtue of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), even where the SIP does not form part of the employment contract. The claimant, Mr Gallagher......>>
Menopause in the workplace – where are we now?
Posted: 18/10/2023
This Wednesday, 18 October, marks World Menopause Day, with the month of October being designated Menopause Awareness Month. With statistics showing that women of menopausal age are the fastest growing group in the workforce, the issue of menopause in the workplace can be significant, not only for those experiencing......>>
New three-month limit on non-compete clauses
Posted: 29/08/2023
In its policy paper, titled ‘Smarter regulation to grow the economy’, the government has announced plans to cap the length of non-compete clauses in employment contracts to three months. Currently, these clauses can be quite lengthy, sometimes lasting beyond 12 months. However, there is no current timeframe given by the government......>>

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