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Employment law brief: 9 May 2025

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Feeling like challenging the rules? Ian Smith saddles up & considers some cautionary tales on less favourable treatment, whistleblowing protection for jobseekers & more
  • Part-time workers: less favourable treatment of part-time workers must be solely because of their part-time status.
  • Express vs implied terms: express terms in employment contracts should be considered and applied before implying any terms.
  • Whistleblowing laws: job applicants are not covered by whistleblowing laws, except for NHS applicants.
  • Disclosure and inspection: employment tribunals can order disclosure of information, not just documents.
  • Costs and vexatious conduct: conduct that impinges on proceedings can justify a costs order.

The most newsworthy event in the last month in employment/discrimination law was, of course, the decision of the Supreme Court in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16 on the meaning of ‘sex’ in the Equality Act 2010. This has been considered specifically elsewhere in NLJ (see ‘Equality Act 2010—“man”, “woman” & “sex” defined’, NLJ, 2 May 2025, pp13-14),

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MOVERS & SHAKERS

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

Dorsey & Whitney—Jonathan Christy

Dorsey & Whitney—Jonathan Christy

Dispute resolution team welcomes associate in London

Winckworth Sherwood—Kevin McManamon

Winckworth Sherwood—Kevin McManamon

Special education needs and mental capacity expert joins as partner

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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