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Employment Law Review

Thompsons’ Employment Law Review is recognised as an authoritative source of comment and discussion from our trade union law specialists. Available to read here, and also via a weekly email bulletin, the Employment Law Review offers considerable insight into the latest issues affecting trade unions and their members.

 

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Latest Issues

Weekly Issue 888

  • Mach Recruitment Ltd v Oliveira
  • Whistleblowing: Post-employment detriments can fall within scope of protections under the ERA
  • New Employer Guidance on Neonatal Care Leave and Pay Published Statutory Leave for Parents of Premature and Sick Babies

Weekly Issue 887

  • Ms A Wainwright v Cennox Plc [2023] EAT 101
  • HMRC v Taylors Services Ltd and Others [2025] EWCA Civ 956
  • EHRC Code of Practice Update Delayed Following For Women Scotland Ruling

Weekly Issue 886

  • Parmar v LCC
  • Gillani and others v Veezu Ltd and others
  • Lords Vote to Replace Day-One Dismissal Rights with Simpler Six-Month Rule

Equality, discrimination and harassment

Weekly Issue 881

For Women Scotland Ltd v The Scottish Ministers

Supreme Court rules “sex” in the Equality Act means biological sex — a decision with major implications for law, rights, and workplace policy

Whistle-blowing

Weekly Issue 881

Sullivan v Isle of Wight Council – Job Applicants and Whistleblowing Protections

Whistleblowing protections don’t cover external applicants — a ruling that underscores legal limits and highlights the need for reform beyond the NHS.

Equality, discrimination and harassment

Weekly Issue 881

Case Report: F v J – Anonymity in Disability Discrimination Proceedings

EAT rules that tribunals must fairly weigh anonymity for hidden disabilities—recognising subjective fears without demanding medical proof.

Disciplinary and dismissal

Weekly Issue 881

Case Report: Kinch v Compassion in World Farming International – Strike Out and Affirmation in Constructive Dismissal Claims

EAT overturns strike out in Kinch case, ruling that constructive dismissal claims need evidence—not assumptions—on resignation and contract affirmation

Employment rights

Weekly Issue 880

Brian Gourlay v West Dunbartonshire Council [2025] EAT 29

The EAT has ruled that compensation for career-long loss must be properly assessed where discrimination causes lasting harm. In Gourlay v West Dunbartonshire Council, the tribunal's flawed reasoning led to a major correction.

Equality, discrimination and harassment

Weekly Issue 880

Busways Ltd v Mr O Sener [2025] EAT 37

The EAT upheld a bus driver’s harassment claim linked to his disability, stressing that repeated questioning about medical needs can be unlawful—even without malicious intent.

Disciplinary and dismissal

Weekly Issue 880

Ofsted v Hewston [2025] EWCA Civ 250

The Court of Appeal ruled Ofsted unfairly dismissed an inspector over a minor incident, stressing the importance of clear guidance, transparency, and fair disciplinary procedures.

Employment rights

Weekly Issue 879

Government Updates Employment Rights Bill Amendment Paper

Major updates to the Employment Rights Bill introduce new rules on agency work, redundancies, and wage enforcement—discover how these changes could impact you.

Equality, discrimination and harassment

Weekly Issue 879

Case Summary: Roofe-Stewart v MacIntyre Care Ltd – Disability Discrimination Appeal

A crucial EAT decision reinstates a disability discrimination claim, highlighting the legal test for recurring impairments under the Equality Act—discover the implications for workers and tribunals.

Definition of a worker

Weekly Issue 879

Case Summary: Dr Mark Ter-Berg v Mr Parul Malde & Dr Colin Hancock – Worker Status Appeal

A landmark EAT decision overturns a tribunal ruling on worker status, clarifying legal tests for personal service, control, and economic dependency—find out its implications.

Equal pay

Weekly Issue 879

Case Summary: Tesco Stores Ltd v Ms K Element & Ors – Equal Pay and Expert Evidence Appeal

A major ruling in Tesco’s equal pay case sees the tribunal reconsider expert economic evidence—discover the implications for pay equality and employment law.