Uncategorised Archives

Should I resign?

11 June 2025

Sometimes resignation is the obvious choice. When, for example, you have secured a new job and want to be free to start work in a new position. More often than not resignation is a consideration as a result of things going wrong at work and we lose track of the callers into our firm who […]

Should I stay or should I go now? Garden leave or pay in lieu of notice?

9 June 2025

When you are ending your employment relationship either by choice, by mutual agreement or because you have been dismissed a common issue which arises is whether you should agree to be paid in lieu of notice or spend your notice on garden leave. Not all employment contracts provide for garden leave but many do especially […]

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 […]