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(Excluding the Employment Rights Bill which we reported on separately)
Single-sex spaces and discrimination risks (NHS trust changing rooms case)
In Hutchinson & others v County Durham and Darlington NHS Foundation Trust, applying the Supreme Court’s For Women Scotland judgment, the tribunal found that requiring female staff to share facilities with a biological male trans woman (and not addressing objections) amounted to harassment related to sex and gender reassignment, and that the Trust’s policy created indirect sex discrimination which was not justified.
Volunteers and employment status
In Maritime and Coastguard Agency v Groom (CA, Jan 2026), a “volunteer” was found to have worker status during paid activities. The Court of Appeal held a contract arose each time paid work was undertaken, creating a wage–work bargain and mutual obligations, even without an overarching umbrella contract.
The case is unlikely to have wide impact beyond the voluntary sector. But it reinforces a familiar lesson for HR: reality will always trump the label. Even arrangements described as “voluntary” can give rise to worker status if payment is part of the deal – even intermittently.
Unfair dismissal compensation and contributory fault
In Kesheva v Secure Frontline Services (EAT), the tribunal found unfair dismissal but reduced her basic award and compensatory award by 100% for alleged gross misconduct. The EAT said this was not supportable on the tribunal’s own findings (the claimant had informed a team leader; no policy required phone contact) and remitted remedy to a fresh tribunal.
Beavered Partner's Paternity Leave Regulations 2026
Draft regulations (published January 2026) are due to take effect 6 April 2026, creating up to 52 weeks’ unpaid leave for eligible employees who become the child’s primary carer after the primary carer dies, with detailed notice, variation/cancellation rules, and standard family-leave protections (including 10 KIT days).
Direct discrimination - poor treatment isn't enough
In London Ambulance Service NHS Trust v Sodola (EAT), the EAT overturned a finding that delayed feedback was racially discriminatory: poor treatment alone did not justify an inference of discrimination at stage 1 of the burden of proof.
''Bin sausage rolls'' case
Mr Duffy worked in train hospitality for London North Eastern Railway. His dismissal for gross misconduct hinged on a simple but unforgettable allegation: he removed two sausage rolls from a bin, reheated them, and served them to first-class passengers. Not discounted sausage rolls. Not “about to be thrown away” sausage rolls. Actual bin sausage rolls. unsurprisingly he did not succeed in claims of unfair dismissal or discrimination. However, an important point brought out was that employers must follow a fair process, investigate properly, and apply common sense.