News & insights
Hidden disabilities and recruitment decisions
The case of Mr A Khan v Anthem Schools Trust and Ms Bhadare provides helpful guidance to schools regarding recruitment decisions, disability claims, and the importance of having clear evidence of appointment processes. Background Mr Khan, who has diabetes, applied for two teaching positions at St Mark’s Church of England Academy, part of Anthem Schools […]
Read MoreCosts awarded in favour of school after unreasonable conduct in ET proceedings
A recent employment tribunal (ET) costs judgment is a useful reminder that, although costs awards remain unusual in ET proceedings, they may be made where a party acts vexatiously, abusively, disruptively or otherwise unreasonably in the way proceedings are brought or conducted. Ms Chandrika Punshon v The Royal Latin School is a notable example because […]
Read MoreProtected conversations
A recent employment appeal tribunal (EAT) judgment serves as a useful reminder of the care that needs to be taken when conducting ‘protected conversations’. As most employers are aware, s111A of the Employment Rights Act 1996 introduced a mechanism by which employers could approach employees and propose termination of employment by way of a settlement […]
Read MoreSerious failings in the investigation process
In the case of Clifton Diocese v Miss Janet Parker, Miss Parker was employed by the Diocese as Head of Finance. The role was not a ‘reserved’ role requiring the post holder to be of the Catholic faith. Flexible working request During a period of adoption leave, Miss Parker requested to return to work for […]
Read MoreCan an employer withdraw a job offer?
The case of Kankanalapalli v Loesche Energy Systems Ltd is an important employment law decision from the employment appeal tribunal (EAT) that considers when a job offer becomes legally binding and what happens if an employer withdraws it. Job offer subject to certain conditions Mr Kankanalapalli was offered a job as a project manager by […]
Read MoreSchool caretaker was unfairly dismissed as his employer failed to investigate his mental disabilities when considering his misconduct
A recent case emphasises the importance of ensuring that all aspects of a disciplinary case must fall within the band of reasonable responses from an employer to dismiss an employee fairly. In the case of Mr Kevin Lilly v Southend High School for Boys Academy Trust, it was the investigation that was found to have […]
Read MoreTUPE compliance in schools – important lessons from a recent ET case
This employment tribunal (ET) case highlights the correct process employers need to follow when services such as cleaning are brought in-house. It focuses on the legal protections given to employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). Zoe Marie Gilbertson was a cleaner who had worked in the role since 2016. Over […]
Read MoreUnfair dismissal – lack of explanation as to how scores arrived at within a redundancy exercise
The case of Mr C Thompson v Powys County Council and The Governing Body of Brynllywarch School highlights how an unfair process in a redundancy dismissal, namely a failure to provide an employee with sufficient information in relation to their scoring, can make the dismissal unfair. Restructure Mr Thompson was employed as a teacher. In […]
Read MoreBereaved partner’s paternity leave – new right from April 2026
The Bereaved Partner’s Paternity Leave Regulations 2026 were laid before Parliament in January 2026 and are intended to come into force on 6 April 2026 (subject to parliamentary approval). The right to bereaved partner’s paternity leave applies on the death of a partner who is the primary carer for the child, either during the first 52 weeks after the […]
Read MoreWhistleblowing of a safeguarding concern and interim relief applications
A recent judgment serves as a useful reminder of how judges will consider applications for interim relief in whistleblowing cases where a claimant alleges the main reason for their dismissal was a protected disclosure. Background In the case of Mr A Mottram v The Inspire Multi Academy Trust, Mr Mottram brought employment tribunal (ET) proceedings […]
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