Employment Edit: 27 February 2025

Team news

We are delighted that James Green has been appointed as a partner in the Employment team, with effect from 1 May 2025. James, who joined the team in 2009, advises employers on complex, sensitive and high-value employment law issues, with a particular focus on the financial services sector. He leads teams supporting strategic people projects and change programmes and advises on the employment aspects of M&A, outsourcings and other major transactions.

On the topic of team news, welcome back to senior associate Pip Galland on her return from maternity leave this month. Pip advises employers and employees in the public and private sectors on a full range of contentious and non-contentious matters, covering the life cycle of the employment relationship. In particular, Pip advises on complex grievances, investigations, disciplinary matters and dismissals and workplace wellbeing and managing mental health in the workplace.

Review of age discrimination protections

Last week, the Women and Equalities Committee (WEC) published a report on ‘The rights of older people’. In the report, the WEC concluded that ‘ageism is widespread and culturally embedded in the UK’ and, therefore, recommended that the government commission the Equality and Human Rights Commission (EHRC) to review the effectiveness of protections against age discrimination.

The WEC suggested that the EHRC consider (amongst other things) the case for amending the age discrimination aspects of the Equality Act to introduce a ‘reasonable steps’ duty on employers and options to amend the Equality Act to reflect the intersectional nature of age discrimination more effectively.

Indirect sex discrimination

The EAT has provided useful guidance on the assessment that tribunals must carry out when considering whether a policy is indirectly discriminatory.

As part of a restructure of the claimant’s team, the respondent introduced a requirement for the claimant to travel significant distances once a month to attend face-to-face meetings. After the claimant informed the respondent that she was unable to travel due to childcare responsibilities, the claimant was made redundant.

After the claimant brought a claim alleging indirect sex discrimination, the tribunal took ‘judicial notice’ of the fact that women are the primary carers of small children and that the requirement to travel significant distances would put women, as primary carers, at a particular disadvantage. After rejecting the respondent’s defence that the travel requirement was objectively justified, the tribunal upheld the indirect sex discrimination claim.

On appeal, the EAT said that whilst in some situations the link between a protected characteristic and the particular disadvantage might be ‘obvious’, the tribunal must consider the particular nature of the policy to determine whether there is group disadvantage. In this case, the EAT concluded that it was not clear from the tribunal’s reasoning that it had considered the particular nature of the travel requirement to determine whether it did in fact, put women at a group disadvantage.

(Marston (Holdings) Ltd v Perkins)

DEI programmes

Diversity, equity and inclusion (DEI) programmes have hit the headlines recently, with several global businesses looking to scale back or adjust their DEI initiatives. In contrast, a recent survey of more than 1,000 UK businesses suggests that many UK organisations are committed to DEI programmes. The research, carried out before the US presidential election and conducted by Censuswide for employee experience platform Culture Amp, found that 74% of companies surveyed are running a DEI programme, with 26% increasing their DEI funding compared to the previous year and 33% maintaining DEI funding at the same level.

Electronic Travel Authorisation

Applications for Electronic Travel Authorisations (or ETAs) open next week for certain non-visa nationals who make use of the visitor route to travel to or through the UK.

A non-visa national is anyone who is not a UK or Irish national and who, due to their nationality, does not require a visa to visit or transit through the UK. Since 8 January 2025, non-visa nationals from specified countries (including many within the Americas, Asia and Oceania) have been required to obtain an ETA before visiting or transiting through the UK. From 2 April 2025, this same requirement will be extended to cover European non-visa nationals. Applications for European non-visa nationals open next week, on 5 March 2025. A full of list of nationalities that can apply for an ETA can be found here.

Once issued, the ETA will be valid for two years and the usual visitor rules will continue to apply to the individual who has been granted an ETA (meaning that they are not permitted to carry out work, other than certain specific permitted activities). Affected individuals and their employers should allow sufficient time to obtain an ETA before travelling, although during the ‘implementation period’ (the end date of which is currently unknown but is expected to be in Spring 2025), UKVI guidance indicates that a person who has applied for an ETA can travel to the UK whilst waiting for a decision on their application.

The right to switch off

Luke Bowery was pleased to be quoted in an article in Property Week on the Employment Rights Bill and the government’s proposals for reform. In particular, Luke shared his thoughts on the proposal to introduce a statutory code of practice on the right to switch off.