Employees

Employee awarded £256,000 in compensation following flawed disciplinary process and accusation of “playing the race card”: Lessons from Ahmed v United Lincolnshire Hospitals NHS Trust and Others

Managing staff complaints, workplace investigations and disciplinary processes fairly and reasonably is crucial for all organisations; not only to ensure a positive workplace culture and good staff morale, but also to minimise legal risk for the business.  Though most organisations will have relevant policies and procedures in place, key considerations to bear in mind are …
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Balancing Flexible Working and Office Working: Lessons from Gill v BDW Trading Ltd

The Covid pandemic has left an indelible mark on the world of work; with flexible, hybrid working becoming the norm in many industries.  However, five years on, many employers are asking staff to return to working in the office – if not full time, then at least more often.  For example, companies such as Amazon, …
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Whistleblowing – A cautionary tale

We recently acted for the Royal College of Nursing assisting them successfully to defend an unfounded whistleblowing claim brought by their former Chair of Council. The Bates Wells team was led by Paul Seath and Jasmine Sudworth. This case study highlights the potential pitfalls where claimants fail to raise concerns in the correct way, where …
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Asking a female employee why she wants to work can amount to harassment related to sex: Lessons from A Pereira v Wellington Antiques and Another

In the recent case of A Pereira v Wellington Antiques and Another, the Employment Tribunal looked at the issue of whether an employer asking a female member of staff questions about why she wanted to work, why she needed to earn money, and about her husband, could amount to harassment related to sex; and found …
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Employment Rights Bill faces criticism in the House of Lords

On 27 March 2025, the Employment Rights Bill (“ERB”) passed its second reading in the House of Lords; after a lengthy debate lasting almost six hours. The Bill runs to 300 pages, with a further 200 pages of explanatory notes. The Labour government are claiming that the ERB will be “the biggest upgrade to workers’ …
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Increases in employment related statutory pay and compensation limits from 6 April 2025

From 6 April 2025, as is the case each year, the Government will be increasing the level of employment related statutory payments, as well as the compensation limits applicable to certain Employment Tribunal awards; by 2.7% (roughly in line with the Retail Prices Index (“RPI”)). Below we set out a summary of the key increases, …
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Does a lack of insight and remorse warrant dismissal? Lessons from Hewston v OFSTED [2025] EWCA Civ 250

In the recent case of Hewston v OFSTED [2025] EWCA Civ 250, the Court of Appeal looked at the question of whether an employee’s lack of “insight” and “contrition” during a disciplinary process merited a disciplinary sanction of dismissal, and found that it did not.  The Court also found that the fact that the employee …
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The introduction of paid Statutory Neonatal Care Leave entitlement from 6 April 2025

From 6 April 2025, employees will benefit from a new statutory entitlement to paid leave, of up to 12 weeks, in circumstances where their child requires specialist neonatal care in the first 28 days following birth.  We set out a brief overview below. Statutory Neonatal Care Leave The entitlement to Neonatal Care Leave (“SNCL”) will …
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When the professional becomes personal: balancing expectations for the incoming workplace generation

March 2025 marks the annual “B Corp Month” campaign, which aims to celebrate the 10,000 certified “B Corporations” around the globe, that “use business as a force for good”. This year’s campaign highlights “Generation B” – a new generation of individuals within the workforce who are striving to “create a better future” and “drive positive …
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The top ten things charities get wrong in whistleblowing cases

Employees in the UK are entitled to certain legal protections in the event that they make a disclosure about wrongdoing that is in the public interest (known as “blowing the whistle”).  For employers, including charities, the best way to comply with their legal obligations to protect whistleblowers within their organisation, is to ensure that they …
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Employment Rights Bill update

On 4 March 2025, the Government published its responses to five consultations, relating to provisions contained its landmark Employment Rights Bill, which is currently making its way through Parliament.  These responses addressed proposals to strengthen workers’ rights in relation to zero hours contracts, collective redundancy consultation, Statutory Sick Pay, industrial relations and Trade Unions, and …
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Bates Wells act in an important intervention on behalf of Protect, the UK Whistleblowing charity

Protect, the UK whistleblowing charity, successfully intervened in the Employment Appeal Tribunal case of Declan Durey v South Central Ambulance Service NHS Foundation Trust to protect “injury to feelings” compensation for whistleblowers. The case concerned a challenge to this established form of compensation. Following the hearing, the settled position remains that Employment Tribunals can make …
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