March 2025 - Didlaw

Discrimination following childbirth is horribly common

31 March 2025

A large part of my practice is centred around supporting women who are returning to work from maternity leave. It is horribly common that a woman returning to work from maternity leave will find herself at risk of redundancy shortly after she has taken the step to return. It is often said to be the […]

What is the Fair Work Agency?

28 March 2025

The Fair Work Agency is a creation of the Labour Government. Labour proposes to create a new stateenforcement body for employment rights. For now the proposed name is the Fair Work Agency althoughthis is not yet official. The most recent amendments to the Employment Rights Bill indicate that it will provide as follows: These amendments […]

Future loss arising from discrimination

26 March 2025

In Gourlay v West Dunbartonshire Council, Mr Gourlay was dismissed for grossmisconduct. He claimed that he had developed a serious depressive illness as a resultof his discriminatory treatment by West Dunbartonshire Council. He brought claims for unfair dismissal, disability discrimination and victimisation. Hisdisabilities were MS, Type II diabetes along with severe depression. His claimssucceeded. The employment tribunal accepted […]

The dismissal of an Ofsted inspector for a single incident was unfair

24 March 2025

The Court of Appeal has found in Hewston v OFSTED that the dismissal of an OFSTED inspector for a single incident was unfair. Mr Hewston was an experienced OFSED inspector with a clean disciplinary record. During a school visit hetouched a pupil’s forehead to brush water off his face and shoulder because the child had […]

What’s the latest on hybrid and remote working?

21 March 2025

On 5 March 2025, the House of Lords Committee on Home-based Working published a call for written evidence for its inquiry into the effects and future development of remote and hybrid working in the UK. The Committee will address the challenges and opportunities of remote and hybrid working for workers and employers, the impact of […]

I resigned in the heat of the moment and now regret it. What are my options?

19 March 2025

If you have resigned from your job in the heat of the moment this may not be the end of the story for you. Employers can be made to understand that sometimes emotions (and tempers) can run high and you might end up doing something you regret. If this has happened to you, what should […]

Termination of a law firm partner was direct age discrimination

17 March 2025

In Scott v Walker Morris LLP an employment tribunal has held that a law firm directly discriminated against a partner because of age when it refused his request to extend his membership under its retirement policy. Under that policy, a partner who wished to continue working beyond 60 could apply to extend their membership period […]

Increases in the National Minimum Wage with effect from 1 April 2025

14 March 2025

The National Minimum Wage (NMW) rate increases from 1 April 2025. HMRC is offering a live webinar to help employers get ready for the change The webinar also deals with common mistakes employers make. You can register for the webinar here. The new rates are as follows: 21 and over 18 to 20 Under 18 […]

Disability discrimination and the importance of ‘likely to recur’?

12 March 2025

In Roofe-Stewart v MacIntyre Care Ltd [2025] EAT 24 (26 February 2025) the EAT (HHJ Auerbach) found that a first instance tribunal had erred when considering whether the claimant’s disability was likely to recur. Mrs Roofe-Stewart had a chronic condition (Mixed Connective Tissue Disease, MCTD). She was diagnosed in 2010. Her condition had been inactive […]