The ‘all reasonable steps’ defence – it can be done!

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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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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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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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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