Felicity Aris

Could withdrawing a job offer because of an applicant’s social media posts be discriminatory? Lessons from Ngole v Touchstone Leeds

Pre-employment checks are a crucial part of any recruitment process. But what happens when those checks uncover social media posts by a job applicant which the employer feels are controversial or offensive; or which might relate to a protected belief, but be in conflict with the protected characteristics of colleagues, clients and/or service users? Balancing …
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Performance management, endometriosis and disability discrimination: lessons from Pal v Accenture (UK) Ltd

March marks Endometriosis Awareness Month, which aims to highlight the condition that affects 1 in 10 women in the UK; in the hope of reducing the average diagnostic delay (currently 9 years), furthering research into causes and treatment, and supporting those with the (often debilitating) condition. The Employment Appeal Tribunal’s recent decision in Ms S …
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Charity trustees as whistleblowers – has the position changed? A review of Dr MacLennan v The British Psychological Society v Secretary of State for Business and Trade and the Charity Commission

In February 2026, the Employment Tribunal (“ET”) published its reconsidered judgment in the case of Dr Nigel MacLennan and the British Psychological Society (“BPS”), on the question of whether whistleblowing protections granted to employees and workers could extend to charity trustees. In light of the potential public policy ramifications of the principles being decided, both …
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An open goal? Elite sports and the new unfair dismissal regime

The Employment Rights Act 2025 (“ERA 2025”), which became law just before Christmas, will make significant changes to the law of unfair dismissal (“UD”); including by reducing the period of service required before an employee is protected, and lifting the statutory cap on the amount of compensation that can be awarded where a successful claim …
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Gender identity, protected beliefs, and single-sex facilities in the workplace: a review of Peggie v (1) Fife Health Board and (2) Dr Upton

The end of 2025, and start of 2026, saw four Employment Tribunal (“ET”) judgments being handed down in cases relating to gender identity, protected beliefs, and the use of single-sex facilities in the workplace. These are the first few ET cases to grapple with the Supreme Court’s landmark April 2025 ruling in For Women Scotland …
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Gender identity, protected beliefs, and single-sex facilities in the workplace: a review of Hutchinson

The end of 2025, and start of 2026, saw four Employment Tribunal (“ET”) judgments being handed down in cases relating to gender identity, protected beliefs, and the use of single-sex facilities in the workplace. These are the first few ET cases to grapple with the Supreme Court’s landmark April 2025 ruling in For Women Scotland …
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The Employment Rights Act 2025 comes into force – what’s next for employers?

This article was first published on 15 January 2026. It has been updated following the Government’s announcement on 3 February 2026 regarding its revised implementation timeline. On 18 December 2025, after much debate between the House of Commons and House of Lords, the Employment Rights Bill was finally approved, and received Royal Assent; becoming the …
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Government announces revised timetable for implementation of the Employment Rights Act 2025

On 3 February 2026, the Government published an updated implementation timetable for the Employment Rights Act 2025 (“ERA 2025”), revising its original roadmap which was published in July 2025 and confirmed again in December 2025. (See our articles on this here and here.) Key changes to the implementation timetable include: The new timetable gives no …
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The new charitable ‘soft opt-in’ now in force as of 5 February 2026

Changes to how charities can contact supporters It is not often that new data protection law actually makes it easier to do things. But that is the case with the Data (Use and Access) Act (‘the DUAA’). The legislation makes it easier for charities to contact existing supporters by e-mail and text message by extending …
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Ex gratia payments – does the brand-new car come with back-seat driving?

In November 2025, the long-awaited changes to the ex gratia regime under the Charites Act 2022 came into force. By way of high-level summary, these put charities more in the driving seat, so to speak, with decision-making over ex gratia payments. Quick reminder – what is an ex gratia payment? An ex gratia payment is …
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Are your volunteers workers in disguise? Lessons from Maritime and Coastguard Agency v Groom

Is it possible for staff who have long been described as volunteers, to be workers in practice? On 14 January 2026, the Court of Appeal answered this question, in relation to the engagement of volunteer coastguards, with an emphatic “yes”; in the case of Maritime and Coastguard Agency v Groom [2026] EWCA Civ 6. The …
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Gender identity, protected beliefs, and single-sex facilities in the workplace: a review of Kelly v Leonardo UK Ltd

The end of 2025, and start of 2026, has seen four Employment Tribunal (“ET”) judgments being handed down in cases relating to gender identity, protected beliefs, and the use of single-sex facilities in the workplace – the cases of Lockwood v Cheshire and Wirral NHS Trust & Others (“Lockwood”), Kelly v Leonardo UK Ltd (“Kelly”), …
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