Feeling like challenging the rules? Ian Smith saddles up & considers some cautionary tales on less favourable treatment, whistleblowing protection for jobseekers & more
- Part-time workers: less favourable treatment of part-time workers must be solely because of their part-time status.
- Express vs implied terms: express terms in employment contracts should be considered and applied before implying any terms.
- Whistleblowing laws: job applicants are not covered by whistleblowing laws, except for NHS applicants.
- Disclosure and inspection: employment tribunals can order disclosure of information, not just documents.
- Costs and vexatious conduct: conduct that impinges on proceedings can justify a costs order.
The most newsworthy event in the last month in employment/discrimination law was, of course, the decision of the Supreme Court in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16 on the meaning of ‘sex’ in the Equality Act 2010. This has been considered specifically elsewhere in NLJ (see ‘Equality Act 2010—“man”, “woman” & “sex” defined’, NLJ, 2 May 2025, pp13-14), and so suffice it to say here that, whatever the subsequent
