Updates

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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Ofcom sharpens online safety tools to meet ever-evolving threat

Ofcom has set out a series of proposals for ‘additional safety measures’ as part of its most recent consultation launched to strengthen the protections contained in the Online Safety Act (the Act). The Act places duties on providers of user-to-user or search engine services to identify, mitigate and manage the risk from illegal content and …
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Football Governance Act becomes law

The Football Governance Act has received Royal Assent, making it onto the statute book before the new football season kicks off in August. Fair Game CIC – which Bates Wells worked with on amendments to the legislation – described its passage into law as “a victory for fairness, sustainability, and the future of football. It’s …
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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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UK Supreme Court unanimously rules legal definition of “woman” in the Equality Act 2010 is based on biological sex; For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16

This article was first published on the 16 April 2025. It has been updated following the publication of the EHRC Update on 25 April, and again following the amendments made to that Update on 24 June. On 16 April 2025, the UK Supreme Court reached a unanimous decision, in the case of For Women Scotland …
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New UK immigration work route restrictions from 22 July 2025

The government released a Statement of Changes in Immigration Rules, confirming that many of the work route restrictions outlined in the May 2025 White Paper will come into effect on 22 July 2025.  These include largely restoring the Skilled Worker minimum skill level to degree level, increasing minimum salaries, and restricting the care worker route …
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Strategic litigation: Driving change and positive impact. July 2025

Welcome to our latest round-up of developments in strategic litigation. In this edition, we cover a range of developments from the UK and overseas. A common theme is the lasting impact that decisions can have in developing jurisprudence, policy, and playbooks for claimants. Last year’s Supreme Court decision in Finch is a case in point: …
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Publishing and AI – recent developments

Richard Marke, head of Bates Wells’ Corporate and Commercial team, recently spoke at the International Federation of Computer Law Associations (IFCLA) conference in Madrid on the topic of the ongoing battle between artificial intelligence (AI) companies and the publishing industry. Here we summarise the key developments he highlighted. It is generally acknowledged that AI developers …
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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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The downstream impact of Finch v Surrey County Council, one year on

Last week marked one year since the landmark decision in R (Finch) v Surrey County Council, a challenge to Surrey’s decision to allow the expansion of an onshore oil well site. In its June 2024 judgment, the Supreme Court held that, in its decision, the Council should have weighed “downstream” greenhouse gas emissions. These would …
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Keys with conditions: What you need to know about service occupancies

Service occupancies are a common but often misunderstood arrangement, especially for organisations like charities, schools, care providers and religious institutions that offer housing to employees as part of their job. While convenient in many ways, service occupancies carry significant legal complexity, particularly if the employment relationship ends or changes over time. What is a service …
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Creating a ‘Speak Up’ culture in purpose-driven businesses: The benefits of an effective whistleblowing framework

Bates Wells convenes the Impact Counsels’ Forum, a space for senior counsel working within impact investors, B Corps, and other purpose-driven businesses. The forum discusses the ‘impact angles’ on legal and practical issues faced by in-house legal teams. Recently, the forum explored the benefits of an effective whistleblowing framework and how that can support an …
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