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Part-time worker discrimination – the test is till the sole reason test – until and unless the Supreme Court decides otherwise

30 May 2025

In Augustine v Data Cars Ltd [2025] EWCA Civ 658 (20 May 2025) the Court of Appeal has followed the Scottish Court of Session decision in McMenemy v Capita Business Services holding that the test for determining whether discrimination has taken place against a part-time work must be if the part-time status is the sole […]

I have ADHD – is it a disability under the Equality Act 2010?

28 May 2025

ADHD is not automatically a disability under the Equality Act 2010 but it may meet the section 6 definition of disability if you can show that it – It will not automatically assist you in proving that your ADHD is a disability if you take medication to treat it although remember that when assessing whether […]

Can my employer force me back to full-time office working?

26 May 2025

It depends.  If you have been working from home for all or some of the week since Covid-19 your employer may have varied your contract by its conduct. You may have an argument for saying that any attempt to revert to your previous terms i.e. full-time office working is a breach of contract. The problem […]

What are the advantages of a settlement agreement over litigation?

23 May 2025

People often call in to didlaw telling us that they want to start a legal claim against their employer. They might be angry or upset about the way they have been treated at work. A lot of our work concerns discrimination which can be particularly unpleasant and extremely damaging to health.  At didlaw we try […]

Territorial jurisdiction – journalists, pilots and similar

19 May 2025

An issue which arises quite frequently in employment law practice is whether the Employment Tribunals in England & Wales have jurisdiction (i.e. are able to/are allowed to) hear cases from people who work outside the UK for some or all of their time. Classic examples of this are people who work in shipping, in the […]

House of Lords debates EHRC’s interim update on practical consequences of For Women Scotland Supreme Court decision

16 May 2025

On 1 May 2025, the House of Lords debated the Equality and Human Rights Commission’s interim update on the practical consequences of the Supreme Court’s decision in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16. The debate provides clarity on several issues but was in the context of service provision, with no reference […]

Part-time status must be sole reason for less favourable treatment in Part Time Workers Regulations claims

14 May 2025

In Mireku v London Underground Ltd [2025] EAT 57 the Employment Appeal Tribunal (EAT) has held that for there to be a breach of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551) (PTW Regs), an employee’s part-time status must be the sole reason for the less favourable treatment. The decision follows […]

New guidance from the ICO on anonymisation and pseudonymisation

7 May 2025

The ICO has published guidance on anonymisation and pseudonymisation. The ICO notes the importance of anonymisation techniques to provide a privacy-friendly alternative to data sharing but not to the extent that this should avoid compliance with the law. The guidance gives an overview of anonymisation techniques and their strengths and weaknesses. It also assesses the […]

New interim guidance from the EHRC following For Women Scotland

2 May 2025

The Equality and Human Rights Commission has issued interim guidance on the practical implications of the Supreme Court’s decision in For Women Scotland v The Scottish Ministers.  The guidance reiterates the Supreme Court’s ruling that in the Equality Act 2010 (EqA) sex means biological sex i.e. a woman is a biological woman or girl, born female […]