Employment

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 an effective whistleblowing framework and how that can support an open …
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Webinar | Understanding the practical implications of the For Women Scotland Supreme Court judgment | 23 June at 3pm

With an enormous amount of public discourse and media coverage following the recent Supreme Court judgment in For Women Scotland Ltd -v- The Scottish Ministers, organisations are trying to discern what practical actions they may need to take as a result.   In this session, our Dispute Resolution, Employment and Charity teams will cover: Register …
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Immigration White Paper to reduce net migration – what does this mean for employers?

The government released its White Paper on legal migration entitled ‘Restoring Control over the Immigration system’ on 12 May with a wide range of proposed reforms. These include restoring the Skilled Worker minimum skill level to degree level and increasing minimum salaries, restricting permission on the Graduate route to 18 months, raising the Immigration Skills Charge …
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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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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, and has been updated following the publication of the EHRC Update. On 16 April 2025, the UK Supreme Court reached a unanimous decision, in the case of For Women Scotland Ltd v The Scottish Ministers [2025] USCK 16, that the terms ”man”, “woman” and “sex” …
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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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