Felicity Aris

EHRC announces regulatory action in respect of policies which allow access to single sex spaces and services based on gender self identification

On 27 August 2025, the Equality and Human Rights Commission (“EHRC”) announced that it has completed its review of evidence obtained from the Government’s 2024 call for input on organisations’ approaches to single sex spaces and services, and that it will be taking regulatory action where organisations’ policies on this issue misrepresent equality law. Specifically, …
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Having a protected conversation: top tips for employers

What is a “protected conversation”? Section 111A of the Employment Rights Act 1996 (“ERA”) enables employers to have confidential, or “protected”, conversations with employees; in circumstances where they wish to explore the option of bringing the employment relationship to an end on agreed terms; without the conversation being referenced in subsequent unfair dismissal claims. When …
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Employer alert: hot compliance trends and tips

The Government’s crackdown on illegal working gained momentum over the summer of 2025, with employers and advisers experiencing an increase in compliance requests and enforcement action from the Home Office. We look at three key areas where we have seen an increase in enforcement activity and how employers can prepare themselves and mitigate risk. These …
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What do awarding organisations need to know about the new failure to prevent fraud offence?

From 1 September 2025, many awarding organisations across the UK will face a new compliance obligation under the Economic Crime and Corporate Transparency Act 2023 (ECCTA): the corporate offence of failure to prevent fraud. This legislation is designed to hold certain organisations accountable when individuals acting on their behalf commit fraud intended to benefit the …
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When is an adjustment reasonable? Lessons from Hindmarch

In the recent case of Hindmarch v North East Ambulance NHS Foundation Trust [2025] EAT 87, the Employment Appeal Tribunal (“EAT”) looked at the question of whether an adjustment requested by a disabled employee will be reasonable if it does not alleviate or avoid the substantial disadvantage faced by them in the workplace. Mr Hindmarch, …
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Changing your governing document – top tips for professional membership bodies

Professional bodies, learned societies, and Royal Colleges should regularly review their governing documents to make sure they are up to date. Sometimes organisations grow or change, and it’s important that your governing documents are accessible, user-friendly, and up to date for your organisation and members. Take a look at our quick checklist to see if …
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Transgender pool player loses gender reassignment discrimination claim in first application of For Women Scotland judgment

On 1 August 2025, the Canterbury County Court reached its decision in the case of Harriet Haynes v The English Blackball Pool Federation; finding that Ms Haynes (a transgender woman with a Gender Recognition Certificate (“GRC”), who plays pool at county level) had not been discriminated against on grounds of gender reassignment by the English …
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Evaluating claims to charitable legacies: sorting substance from speculation

Charitable legacies are a vital source of income for many organisations, often forming a significant part of their funding. For a charity named as a residuary beneficiary to a Will, claims against the estate can therefore create delay and uncertainty. While certain claims against estates may be well-founded and deserving of careful consideration, it is …
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Failure to address employee complaints led to ‘last straw’ in constructive dismissal

“Constructive dismissal” is something periodically referred to by disgruntled employees, and generally disregarded as a realistic threat by employers. To claim constructive dismissal an employee has to resign, and establish that they have done so in response to a repudiatory (fundamental) breach of contract, as a result of the employer’s conduct. It is up to …
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High Court considers the impact of procedural deficiencies in a disciplinary process on an employee’s mental health

In Woodhead v WTTV Limited [2025] EWHC 1128 (KB) the High Court has provided guidance on the handling of private information disclosed as part of a complaint about a colleague, and on how the mishandling of a disciplinary process can amount to a breach of an employer’s duty of care to an employee. Background A …
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Employment Rights Bill: Government announces implementation roadmap and further changes

On 1 July 2025, the Government published its “Implementation Roadmap” for the Employment Rights Bill, setting out a broad-brush timetable for the phased implementation of the Bill’s provisions. Implementation is due to start in late 2025, with further provisions coming into force in April 2026, October 2026 and then during the course of 2027. The …
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Redundancy consultation processes: Is it ok to score first and consult later?

It is a well-known tenet of Employment Law, that having a genuine and meaningful consultation with affected staff, at a formative stage and prior to any dismissals taking effect, is a cornerstone of a fair redundancy process. In the case of ADP RPO UK Ltd v De Bank Haycocks, the Court of Appeal found that, …
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