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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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