With the first stages of the Employment Rights Act 2025 reforms now taking effect, and further phases due to be implemented over the next 18 months or so (see the full timetable here), much of the recent attention has naturally focused on what these changes mean for employers in practice.
At the same time, employment tribunals and appellate courts continue to issue decisions that have an immediate impact on day to day workplace management. This update looks at several notable judgments across single sex workplace facilities, discrimination, and unfair dismissal, each of which highlights the continued importance of fair processes and careful decision making in an evolving legal landscape.
A series of recent decisions illustrate just how unsettled the law remains in this area, following the Supreme Court's decision in For Women Scotland. This confirmed that for the purposes of the Equality Act 2010, the protected characteristic of 'sex' refers to biological sex.
Although that decision has shaped the reasoning in some recent cases, it has not delivered a coherent or uniform position. Tribunals continue to adopt markedly different approaches even when faced with similar disputes.
In Hutchinson v County Durham and Darlington NHS Foundation Trust, female nurses were required to share a communal female only changing room with a trans woman who was biologically male. The tribunal was particularly critical of the...
New York City-based LabQ Clinical Diagnostics LLC and others must defend against the US government’s claims they violated the False Claims Act by improperly billing for covid-19 tests, a federal d...