Employment tribunal should not strike out claim without considering fair trial, and without unless order

In Forrest v Amazon Web Services EMEA SARL UK Branch [2025] EAT 81, the EAT considered strike out under what is now Rule 38(1)(c) of the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155. The claimant, a litigant in person, brought claims while still employed by the respondent, including for direct and indirect… >>

Exam invigilator wins worker status claim in pay dispute

In Shanks v Scottish Qualifications Authority, Case Number 8001728/2024, a Scottish employment tribunal has ruled that exam invigilators for the Scottish Qualifications Authority (SQA) enjoy worker status and deserve holiday pay, rejecting arguments that their situation was analogous to Deliveroo riders. Pro Employment LawFormed in 2017, following significant legislative changes designed to increase competition within… >>

Court of Appeal follows Court of Session authority on causation in part-time worker discrimination claims

In Augustine v Data Cars Ltd [2025] EWCA Civ 658, the Court of Appeal dismissed the claimant’s appeal under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTW Regs 2000), SI 2000/1551, concerning a flat-rate ‘circuit fee’ imposed equally on all drivers regardless of hours worked. The claimant, a part-time minicab driver, argued… >>

EHRC announces timeline for update to its CoP for services, public functions and associations

The Equality and Human Rights Commission (EHRC) has provided an update on its upcoming consultation on the statutory Code of Practice for services, public functions and associations, following the Supreme Court’s judgment in For Women Scotland v Scottish Ministers. According to the update, the consultation is set to run from 19 May 2025 to 30… >>

Court of Appeal dismisses whistleblowing detriment claims against external HR consultants

In Handa v Station Hotel [2025] EAT 62, the EAT (HHJ Auerbach sitting alone) considered an appeal against a decision of the employment tribunal to strike out the claimant’s claims of detriment on grounds of whistleblowing (protected disclosure) against the fourth and fifth respondents, both external HR consultants. The fourth respondent had investigated grievances raised… >>

ET makes principled error of law in refusing application to include victimisation claim

In Dethling v The Metropolitan Police Service [2025] EAT 58, the claimant attempted to amend her existing complaints of disability, race and sex discrimination to include a complaint of victimisation following a letter sent by her former employer’s solicitors warning of the imminent filing of a theft report over her warrant card, which she had… >>

EAT examines benchmark for costs orders in discrimination claims (Madu v Loughborough College)

Special consideration should be given to the unique circumstances and difficulties involved in bringing discrimination claim when determining whether to award costs under the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), particularly where the claimant is a litigant in person (LiP) or was at the time the claim was brought, according to the EAT… >>