July 2025 - Didlaw

Employment Appeal Tribunal grants permanent anonymity order

30 July 2025

In AYZ v BZA the Employment Appeal Tribunal (EAT) has granted a permanent anonymity order to a claimant in Employment Tribunal proceedings in accordance with section 1 of the Sexual Offences (Amendment) Act 1992 (SOAA). SOAA provides lifelong anonymity to complainants in sexual offence cases. The EAT overturned the decision of the employment tribunal judge […]

#SarahSurviving: GCS v The Survivors’ Network

28 July 2025

For more than three years’ didlaw has supported the rape and sexual abuse survivor, turned feminist campaigner #SarahSurviving with her claims for harassment and indirect discrimination against the rape crisis service, The Survivors’ Network. The facts of #SarahSurviving’s case can be found here: Help Sarah’s Legal Challenge to Secure Female Only Rape Crisis Therapy The […]

Can my employer bring a counterclaim against me when I file my Employment Tribunal claim?

28 July 2025

Employers have no free-standing right to bring claims against employees or former employees in the employment tribunals. They would normally need to use the civil courts. However, an employer may bring a contract claim when a contractual claim is brought against them in a tribunal. In the tribunals employers are restricted to the right to […]

My employer has breached my settlement agreement. What should I do?

25 July 2025

What you need to do will depend on the seriousness of the breach and whether you may have to go to court to rectify the issue. Have a word… If the breach is something like non-payment of the settlement monies or failure to provide a reference or P45 or similar you might find your first […]

Was a pilot supplied through an agency for Ryanair employed or self-employed?

23 July 2025

He was employed by the agency, held the Court of Appeal. We understand that some 27 cases on this subject have been stayed pending this decision. The courts are going to be busy and this case will for sure open some floodgates. In Lutz v Ryanair & Anor Jason Lutz worked as a pilot for […]

Can I ask for reasonable adjustments in my post-termination appeal?

21 July 2025

Yes. Reasonable adjustments extend throughout the employment relationship and beyond. They apply in pre-contract conditions such as interviews and they may apply once the employment relationship has ended or is ending. It is right and logical that reasonable adjustments are considered in the context of a post-termination appeal against dismissal because reasonable adjustments are aimed […]

Employment tribunal had jurisdiction over individuals living and working in Sweden

18 July 2025

This case concerned whether the employment tribunals (ET) in England & Wales had jurisdiction over three individuals who were members of a limited liability partnership (LLP) and who lived and worked in Sweden. The Employment Appeal Tribunal (EAT) held that the tribunal did have jurisdiction. The case is Prahl, Hofvenstam & Ageback v Lipinski. Mr […]

Miscarriage leave to be extended by the new Employment Rights Bill

16 July 2025

Currently the law provides bereavement leave only for parents who lose a child after 24 weeks of pregnancy. It is open to employers to have their own policy provided this minimum requirement is met. Some employers offer better terms and enhanced pay. The Employment Rights Bill which is currently going through the legislative process is […]

What are the latest amendments to the Employment Rights Bill in relation to fire and rehire?

14 July 2025

There is a softening proposed here. Clause 26 of the draft Bill contains a ban on dismissing an employee for refusing to agree to a contract variation. This proposed to add a new section 104I to the Employment Rights Act 1996 and any dismissal was to be automatically unfair unless (i) the change was essential […]