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Wednesday, May 20, 2026

Employment Law Case Update – October 2023 - Whistleblowing - UK - Mondaq News Alerts

An interesting look at how not to exclude staff on maternity leave, how to properly handle transgender workers, calculating holiday pay where employees are subject to compulsory overtime and the use of contract clauses to retain employees where discretionary bonus payments are payable which do not amount to restraint of trade.

  • Sex Discrimination: Erosion of reputation as "an effective and useful member of staff" due to pregnancy is discriminatory
  • Sex Discrimination: 'Deadnaming' transgender worker amounts to less favourable treatment
  • Holiday Pay: Landmark case confirms a gap of three months or a correct payment does not necessarily break a series of deductions
  • Contract: Bonus clause conditional on staying in employment not restraint of trade

Sex Discrimination: Erosion of reputation as "an effective and useful member of staff" due to pregnancy is discriminatory

In Smith v Greatwell Homes (3316461/2021) a tribunal had to consider the employer's actions and treatment of Ms Smith, following her declaration to her boss that she was pregnant. This case was reported in People Management on 13 October 2023:

Ms Smith began working at Greatwell Homes in March 2019 as a business improvement analyst within the business improvement team, where she was apparently a valuable and ambitious member of staff. The tribunal noted she was a "credible and consistent witness". Within her team there were three members of staff: herself, a business improvement manager and a head of business...



Read Full Story: https://news.google.com/rss/articles/CBMiWGh0dHBzOi8vd3d3Lm1vbmRhcS5jb20vdWsv...