The Employment Rights Bill is in the final stages of its journey through Parliament and the Government has published a roadmap setting out when its provisions are expected to come into force. This is good news for employers, as many of the bigger changes in the bill are delayed, which will give them more time…
Bias in, bias out: how artificial intelligence (AI) recruitment can cost you
Scenario Let us imagine a scenario. Victoria, a senior recruiter at a healthcare charity, is proud of her organisation’s progressive values. Pressed for time, she signs off on a new AI-powered tool that screens CVs and ranks candidates by ‘fit’. The provider says it uses anonymised data and ‘learns’ from successful hires. So far, so…
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How should you run a disciplinary process when the employee is clearly unwell?
You have serious misconduct allegations. The employee in question is signed off with stress and depression. What now? Do you push on, pause, or tweak the process? The recent High Court decision in Woodhead v WTTV Ltd is a cautionary tale for HR. While unusual (it was a personal injury claim, not a Tribunal case),…
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How should you avoid age discrimination when selecting for redundancy?
You have to make cuts. The restructuring is happening. The selection criteria are ready, complete with performance, conduct, and… qualifications. One person does not have a degree. They are also the oldest in the team. You score them lower, they are selected for redundancy, and you move on. Or so you think. What happened? That…
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Hybrid working: Who gets it? Who does not? What if they want more?
Scenario Imagine this: Geri works in a mid-sized professional services firm. She is a mid-career project manager with two young children, a solid performance record and a hybrid working policy that allows staff to work from home two days a week. She puts in a formal request to work from home four days a week….
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The ‘all reasonable steps’ defence – it can be done!
Case: Campbell v Sheffield Teaching Hospitals NHS Foundation Trust [2025] EAT 42 This case provides a rare example of an employer successfully relying on the ‘all reasonable steps’ defence against a discrimination claim. What happened? During a workplace dispute, a white employee made a racially abusive comment to a black union representative. The representative claimed…
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Redundancy: when consultation counts
Case: De Bank Haycocks v ADP RPO UK Ltd [2024] EWCA Civ 1291 This case clarifies a critical issue for HR professionals: What does a ‘fair’ consultation look like in small-scale redundancy exercises? What happened A recruitment consultant, Mr De Bank Haycocks, was part of a 16-person team serving one client. Following a 50% reduction…
Closing the gaps: ethnicity and disability pay reporting ahead
What is new? Under the proposed Equality (Race and Disability) Bill, employers with 250 or more employees will be legally required to publish: Ethnicity and disability pay gaps (mean and median hourly pay). Bonus differentials. Proportion of employees receiving bonuses. Workforce composition by ethnicity and disability. This marks a significant evolution from gender pay gap…
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HR consultants not liable for employer’s decision to dismiss
Case: Handa v Station Hotel (Newcastle) Ltd [2025] EAT 62 The Employment Appeal Tribunal (EAT) has provided a thoughtful judgment that reassures external HR professionals that they can complete investigations and disciplinary processes without inheriting liability for dismissal decisions. What happened? Mr Handa, formerly a director, blew the whistle on alleged financial irregularities. Shortly after,…
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Right to work checks: the gig economy gets caught in the net
The headline The Home Office has announced that right to work (RTW) checks will be extended to cover gig economy workers, zero-hours contractors, and workers supplied via third-party platforms. This represents a substantial expansion of the illegal working regime and imposes new burdens on sectors that traditionally rely on informal labour supply models. What is…
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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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