Employment Law Update 2025

KEY SUBJECTS

• DISCRIMINATION LAW UPDATE – FREE SPEECH AND OTHER WORKPLACE WARFARE
• STATUS – EMPLOYEE, WORK OR SELF EMPLOYED?
• CONTROVERSIAL OPINIONS AND PROTECTED BELIEFS IN THE WORKPLACE: A LEGAL UPDATE
• TUPE TRANSFERS, WHISTLEBLOWING AND WORKING TIME: THE LATEST
• TAINTED EVIDENCE
• EMPLOYMENT RIGHTS BILL: WHERE ARE WE NOW AND WHY DOES IT MATTER?

SPEAKERS

Sean Jones KC, 11 KBW

Professor Dominic Regan, The City Law School, London

Paul Jennings, Partner, Bates Wells Solicitors

Betsan Criddle KC, Old Square Chamber

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

DISCRIMINATION LAW UPDATE – FREE SPEECH AND OTHER WORKPLACE WARFARE

This session will look at the key developments in the field of discrimination law over the past 12 months, focussing on the decisions of practical importance when advising clients.

• Higgs v Farmor’s School – what are employers supposed to do now?
• What does the Employment Rights Bill have in store?
• All the recent developments in discrimination case law

Sean Jones KC, 11 KBW

STATUS – EMPLOYEE, WORK OR SELF EMPLOYED?

Despite Supreme Court authorities which were optimistically thought to determine working status once and for all the cases keep coming.

• Will workers cease to exist under new employment legislation?
• Groom V Maritime and Coastguard Agency 2024
• Vicarious liability after Wetherspoons (2025)
• Who must the contract be with?

Professor Dominic Regan, The City Law School, London

CONTROVERSIAL OPINIONS AND PROTECTED BELIEFS IN THE WORKPLACE: A LEGAL UPDATE

A review of recent developments in case law and legal principles relating to the expression of beliefs and opinions in and outside the workplace.

• An overview of the legal framework (including a summary of relevant concepts, statutory provisions and common law authorities)
• Looking Ahead – pending appeals and anticipated legal developments
• Higgs v Farmor’s School:
  • When can an employee’s expression of opinion outside of work constitute gross misconduct?
  • The role of proportionality, context, and employer justification
  • Developments in the law on direct discrimination – including the applicable legal tests and the interplay with Article 9 and Article 10 of the ECHR
• Omooba v Michael Garrett Associates Ltd (T/A Global Artists) and the concept of “separability”
• Practical Considerations for Employers and Advisers
  • Handling complaints and concerns fairly
  • Policy drafting and training
  • Managing reputational risk and legal exposure
• Looking Ahead – pending appeals and anticipated legal developments

Paul Jennings, Partner, Bates Wells Solicitors

TUPE TRANSFERS, WHISTLEBLOWING AND WORKING TIME: THE LATEST

This session will look at the key developments in the ever-fertile areas of TUPE transfers, whistleblowing and working time over the past 12 months, focussing on the decisions of practical importance when advising clients.

• Transfers in the care sector – identifying an economic entity
• What happens when an employee objects to the transfer?
• Vicarious liability and TUPE transfers
• Holiday pay and breaks in the series
• Whistleblowing – pre-employment disclosures and liability for dismissals

Betsan Criddle KC, Old Square Chamber

TAINTED EVIDENCE

In the context of both internal proceedings and in the lead up to litigation, information may be obtained that is relevant, but the means by which the information secured may be questionable or even unlawful. Sometimes the process of obtaining evidence can have wider (and potentially serious) implications. In this session we will look at different aspects including:

• The covert recording of meetings
• Surveillance, virtual surveillance and the use of private investigators
• When can employers legitimately access emails, Teams messages, or communication devices?
• When is it permissible for an employee to access, copy or retain documents for a potential claim?
• Unlawfully obtained evidence and admissibility
• Inadvertent regulatory breaches (and unlawful processing of data)
• Key tactics
• Ethical considerations – including SRA guidance and the principle of integrity in litigation conduct

Paul Jennings, Partner, Bates Wells Solicitors

EMPLOYMENT RIGHTS BILL: WHERE ARE WE NOW AND WHY DOES IT MATTER?

This session will look at the Employment Rights Bill and how the changes on the horizon will affect businesses.

Betsan Criddle KC, Old Square Chamber

5.00 pm CLOSE OF PROCEEDINGS