News

In Mayanja v City of Bradford Metropolitan District Council [2025] EAT 160, the Employment Appeal Tribunal held that an employment tribunal had erred by failing to revisit its liability findings after the late discovery of compelling new evidence that fundamentally undermined its assessment of the claimant’s credibility. The claimant, had applied for a role with … Read more

Is progression on the Upper Pay Range annual? Yes, it is annual when on the Upper Pay Range (but there can still be an application required to move on to UPR). They don’t need to request the incremental move through the Upper Pay Range but can choose not to have the progression if they do not … Read more

Introduction  The role of the Investigating Officer in a disciplinary case is crucial.  We have some recent examples where unions have argued that the Investigating Officer should not present the ‘management case’ to the disciplinary panel.  Most, if not all, of our clients’ disciplinary policies provide for the Investigating Officer to attend the disciplinary hearing … Read more

Does an employer have to give a good reference for an employee?  There is a common misconception that a current or former employee is entitled to a ‘good’ reference or, more accurately, that an employer cannot make any negative comments about an employee.  This is simply wrong. School Staffing (England) Regulations 2009 In the education sector … Read more

In Ogumodede v Churchill Contract Services [2025] 9 WLUK 482, the Employment Tribunal held that an employee was fairly dismissed after her employer discovered that she had been working in two separate cleaning roles for the same company following a TUPE transfer, covering both day and night shifts at different locations. The tribunal also dismissed … Read more

In Wainwright v Cennox plc [2023] EAT 101, the Employment Appeal Tribunal found that an employment tribunal had erred by failing to analyse whether acts of disability discrimination contrary to section 15 of the Equality Act 2010 (EqA 2010) also amounted to fundamental breaches of contract, entitling a long-serving employee to resign and claim constructive … Read more

In Swansea City and County Council v Abraham [2025] EAT 93, the Employment Appeal Tribunal dismissed an appeal against an employment judge’s refusal to recuse herself from a case management hearing in an equal pay multiple claim. The respondent local authority argued that the judge’s previous role as a solicitor supervising equal pay litigation against … Read more

In Leicester City Council v Parmar [2025] EWCA Civ 952, the Court of Appeal upheld a tribunal’s decision that a Council had discriminated against an employee because of race. The employee alleged that she was subjected to false allegations, transferred from her role, and placed under disciplinary investigation, only for that investigation to conclude with … Read more

In JP v Spelthorne Borough Council [2025] EAT 127, the Employment Appeal Tribunal upheld a tribunal’s decision that an employee was not disabled during the relevant period, despite the tribunal not first setting out the precise allegations of discrimination. The case focuses on section 6 of the Equality Act 2010, which defines disability for the purpose … Read more

General Updates  Safeguarding and Staff Responsibilities  Designated Safeguarding Lead (DSL)  Safer Recruitment  Allegations Against Staff  Child-on-Child Abuse  Host Families and Exchange Visits  Future Considerations Link to the latest guidance: Keeping children safe in education – GOV.UK