Brachers Bitesize: Case law update

In the July 2025 edition of the Brachers Bitesize webinar series, employment expert Colin Smith, delivered a comprehensive legal update on recent employment law developments and the evolving Employment Bill. This session provided HR professionals, legal advisors, and business leaders with critical insights into landmark case law and upcoming legislative changes.

Key employment law cases covered

Part-Time Worker Discrimination – Augustine v Data Cars Ltd

• The Court of Appeal reaffirmed that less favourable treatment must be solely due to part-time status to qualify as discrimination reluctantly following existing Court of Session authority on the issue.
• Permission was given to appeal to the Supreme Court.

Disability Discrimination – Steadman v Haven Leisure

• The EAT clarified that a clinical diagnosis of autism or ADHD can serve as evidence of substantial disadvantage, potentially streamlining the process for proving disability claimants.

Reasonable Adjustments – Hindmarch v North East Ambulance NHS

• The EAT ruled that if an adjustment (e.g. providing an FFP3 mask) has no prospect of alleviating disadvantage, it would not be deemed reasonable.

Redundancy and Alternative Employment – Hendy Group v Kennedy

• A case exploring and providing useful insight on modern day expectations in terms of reasonable efforts to seek alternative employment in a redundancy situation.

TUPE and Vicarious Liability – ABC v Huntercombe (No.12) Ltd

• The High Court held that tortious liabilities do not transfer under TUPE unless directly tied to the employment contract.  Liability of an employer to a patient for the alleged negligence of its employees at work did not transfer under TUPE.

Employment Rights Bill 2025 – Legislative roadmap

The session also explored the Employment Bill’s phased implementation, highlighting significant reforms:

• April 2026: Day-one rights for paternity and parental leave, enhanced whistleblower protections, and the creation of a Fair Work Agency.
• October 2026: Ban on fire-and-rehire practices, stronger sexual harassment prevention duties, and expanded trade union rights.
• 2027: Day 1 Unfair Dismissal Rights, mandatory gender pay gap and menopause action plans, bereavement leave, and protections against zero-hour contract abuse.

Non-Disclosure Agreements (NDAs) reform

A major focus was the new proposed ban on NDAs that prevent disclosures related to workplace harassment or discrimination. New legislation will render such clauses void, reinforcing transparency and accountability.

For more detailed insights, watch the full webinar recording below.

Download the webinar slides.

View the webinar in full below:

Disclaimer: The content of the webinar is for guidance purposes only and does not constitute legal advice. Information correct at time of recording on 15 July 2025.

Further support

If you require any further guidance or support on the issues covered in this article, please get in touch with our Employment team today.

This content is correct at time of publication