Supreme Court clarifies ‘Sex’ in Equality Act 2010

The Supreme Court has ruled that ‘man’, ‘woman’, and ‘sex’ under the Equality Act 2010 (EqA 2010) refer to biological sex, not acquired gender. The legal meaning of sex is now firmly anchored to biology, not gender recognition certificates. The ruling will reshape how businesses approach equality, recruitment, and single-sex services. Background The case arose…

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A wake-up call for employers on IR35 compliance

In a key decision for contractors and employers, Mantides v His Majesty’s Revenue and Customs (HMRC), the Upper Tribunal (UT) clarified how IR35 applies to healthcare professionals working via personal service companies. Do you think a flexible contract alone protects against IR35? Think again. The UT’s ruling shows that personal service and control still tip…

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Mandatory ethnicity and disability pay gap reporting: what do you need to know?

The government has taken a significant step towards introducing mandatory ethnicity and disability pay gap reporting for large employers in Great Britain. A consultation is now open, closing on 10th June 2025, on proposals that mirror the familiar gender pay gap reporting system but with critical new complexities. Who will be affected? The new requirements…

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Beyond compliance: building a neuro-inclusive workplace that works

Building a truly inclusive workplace means understanding the diverse ways our brains work.  How can you support your neurodivergent employees and strengthen your business in the process? What is neurodiversity? You are familiar with the term ‘neurodiversity’, but understanding it and creating a truly neuro-inclusive workplace are very different. Neurodiversity is the natural variation in…

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A single incident of touching a pupil did not warrant dismissing a school inspector

What happened? Ofsted dismissed Mr Hewston, one of its school inspectors, for gross misconduct after a single incident in which he brushed rainwater off the head of a Year 8 pupil who had come in soaking from a PE lesson in the rain. He lightly touched the top of his shoulder and asked if he…

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Employer’s refusal of ‘word-light’ test for dyslexic candidate was unreasonable

What happened? Mr Johnston, a dyslexic candidate, applied for a permanent role as an assistant statistician with the Northern Ireland Statistics and Research Agency (NISRA) in August 2020. Despite having successfully performed the role for over two years as a temporary agency worker, he faced difficulty with the recruitment process owing to a numeracy test…

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Backstop on wages claims ruled unlawful

A tribunal has ruled that the current two-year backstop on claims for unlawful deductions from wages is unlawful. Where does this leave underpaid holiday pay claims? Two-year backstop In 2015, the Deduction from Wages (Limitation) Regulations 2014 came into force, placing a two-year backstop on most unlawful deductions from wages claims, including those related to…

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Key considerations when hiring a self-employed contractor

You have decided to hire a self-employed contractor to work on a project. What should you consider? Employment status Even if both parties intend that the contractor is self-employed, neither employment tribunals nor His Majesty’s Revenue and Customs (HMRC) may see it that way, as the reality of the relationship will outweigh what you have…

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UK firms commit to diversity, equality, and inclusion (DEI) despite US backlash

In recent weeks, US companies have dominated headlines by scaling back their DEI initiatives. The Trump administration has DEI in the firing line, with the US president blaming a plane crash in Washington DC on ‘diversity hires’ in air traffic control. A survey by Culture Amp, an employee experience platform, has found that UK firms…

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Employees using own Artificial Intelligence (AI) tools at work without permission

According to a survey by Software AG, employees are increasingly using their own AI tools without permission from their employer’s IT departments, known as ‘shadow AI’.  Many employees cite the lack of AI tools provided by their employers or the desire for more flexibility in their choice of tools.  For some, it is quicker and…

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