August 2025 - Didlaw

BA staffer wins disability discrimination claim because she was no longer fit to fly

22 August 2025

In Miss J Clifford v British Airways plc Miss Clifford succeeded in her claims of discrimination arising from disability (in breach of section 15 of the Equality Act 2010), failure to make reasonable adjustments and unfair dismissal. Jennifer Clifford worked for BA for almost 40 years before being sacked. She had become stressed and depressed […]

Is my disability a shield against performance management?

20 August 2025

Yes and no. Yes, because your employer must make allowances for the impact of your disability on your ability to do your job and in particular is legally obliged to make reasonable adjustments that will permit your full and effective participation in the workplace. Where employees and employers sometimes come to blows is in not […]

If I work in higher education can my employer force me to sign an NDA as part of any settlement?

18 August 2025

Not if your complaint relates to sexual misconduct or other bullying or harassment. On 1 August 2025 section 1 of the Higher Education (Freedom of Speech) Act 2023 came into force. This legislation prevents English providers of higher education from entering into NDAs (non-disclosure agreements) with staff, students, members or visiting speakers in relation to […]

EHRC expected to issue guidance banning trans women from single-sex spaces

15 August 2025

It was reported in The Times and other media in early August that the EHRC Guidance is likely to suggest a ban on trans women using single-sex spaces. This news was widely covered in the press and caused much consternation among commentators. The furore led to the Chief Executive of the EHRC, John Kirkpatrick, writing […]

ChatGPT says I can get aggravated damages

13 August 2025

I’m a late adopter of AI and have buried my head in the sand over it for quite some time. I don’t remember what finally pushed me into finding out more about it but I picked up Richard Susskind’s How To Think About AI at an airport and have not been able to put it […]

How to plead your Employment Tribunal claim as a litigant in person

11 August 2025

This blog may end up sounding like a public service announcement on behalf of employment judges but the meaning is well-intended. The Employment Tribunal system was created as a way to resolve employment disputes and to be used by people representing themselves. Over the years it has become a hunting ground for lawyers and more […]

Correspondence with legal adviser could not be relied upon by claimant under iniquity exception

8 August 2025

The appellant in the case of Shawcross v SMG Europe Holdings Ltd & Ors was dismissed on 28 April 2023. Two days before her dismissal she was inadvertently copied into email correspondence between SMG Europe and their legal representative. There were seven emails in the chain which Ms Shawcross sought to rely on to support […]

First decision to follow the Supreme Court decision in For Women Scotland

6 August 2025

Haynes v The English Blackpool Pool Association is the first court decision to follow the Supreme Court decision in For Women Scotland. The pool association decided to exclude transgender women (biological males) from competing in the female category. Harriet Haynes, a trans woman, alleged that her exclusion amounted to direct gender reassignment discrimination and brought […]

Court of Appeal decision on race discrimination & the respondent’s duty to discharge the burden of proof

4 August 2025

In Leicester City Council v Parmar the Court of Appeal has confirmed that Mrs Parmar was directly discriminated against because of race. Mrs Parmar had been subjected to a disciplinary investigation, the allegations around which were vague. Mrs Parmar’s belief was that she was being treated differently than her white colleagues who were in similar […]