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The judgment in For Women Scotland v The Scottish Ministers [2025] UKSC 16 was given on 16 April 2025, making headlines in the national press and internationally. Katherine Anderson聽considers the practical implications for employers.
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Mark Green reviews the case of Mr A E Madu v Loughborough College [2025] EAT 52, in which HHJ Tayler provides useful guidance on costs applications in discrimination cases and underlines that litigants in person on the other end of a costs application may need special consideration.
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Michael Smith on F v J [2025] EAT 34, in which the EAT found that the Employment Tribunal had applied the wrong legal test, set the evidential bar too high, and failed to give due weight to the Claimant鈥檚 reasonable concerns regarding future professional harm when assessing their application for anonymity.
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What is the approach to be taken when a claimant seeks to amend their claim while still within the primary limitation period for the events which the amendment concerns?聽Alex Leonhardt聽analyses the case of聽Barbosa Dethling v The Metropolitan Police Service聽[2025] EAT 58, in which HHJ Auerbach considered this question.
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Andrew Duncan recently acted in a case concerning a young person who sought to change their forename. In Re C (A child)(Change of Given Name) [2024] EWCA Civ 1582 the child also expressed a wish to change their surname, but this was not actively pursued, and the guardian had not reported on its merits.
Andrew writes about this case for Family Law Week. Click below to read the article.
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Gareth Graham聽analyses聽the case of聽Impact Recruitment Services Ltd v Korpysa聽[2025] EAT 22,聽which results in the EAT reinforcing the relatively low threshold for what counts as a substantial reason for SOSR dismissals.
An employer鈥檚 genuinely held but mistaken belief that an employee has resigned may be sufficient to establish a potentially fair reason for dismissal. However, the dismissal may nonetheless be unfair if the employer did not act reasonably in treating the employment as terminated for that reason.
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Strike Out Season
Colin McDevitt聽summarises the key aspects of four recent decisions on strike out:W v Highways England and others, 18th February 2025, [2025] EAT 18, Lord Fairley
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Kostrova v McDermott International INC and CB&I UK Ltd, 13th March 2025, [2025] EAT 35, Lord Fairley
Kamphues v Venator Materials UK Ltd, 19th March 2025, [2025] EAT 30, HHJ Tayler
Kinch v Compassion in World Farming International, 26th March 2025, [2025] EAT 41, Lord Fairley. -
Matthew Curtis聽reviews the case of聽Gourlay v West Dunbartonshire Council聽[2025] EAT 29, in which the EAT reminds practitioners that the harm that would have been caused by a hypothetical lawful dismissal has to be the same as that caused by an unfair dismissal for compensation to be reduced.
The case also outlines the need for expert evidence when arguing that ill health retirement would have occurred in any event.
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Joseph England聽analyses聽Kau Media Group Ltd v Hart聽[2025] EWHC 553 (KB), a case that highlights the importance of making sure there is evidence to back up the apparent justification contained in often hastily prepared pleadings.
The case also offers a specific analysis of the digital marketing industry, with the covenants鈥 length and scope providing useful comparisons against an individual case.
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Justifying the unjustifiable: the Court of Appeal hands down its decision in Higgs v Farmor鈥檚 School
Naomi Webber聽and聽Alex Leonhardt聽analyse the long-anticipated judgment in聽Higgs v Farmor鈥檚 School聽handed down by the Court of Appeal in February, a judgment which offers pertinent lessons for practitioners representing student/parents, schools and universities, where questions of balancing freedom of speech, institutional reputation and the rights of others frequently come into play.
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Alice de Coverley聽reviews the case of聽B v St Dominic鈥檚 Grammar School:聽[2025] UKUT 048 (AAC), in which Judge Stout provides clear guidance on how further parts of section 15 of the Equality Act 2010 are to be interpreted, clarifying聽how聽the shifting burden of proof applies to both the reason for unfavourable treatment and the 鈥榮omething arising鈥 from disability.
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Ben Amunwa聽predicts a groundswell of systemic legal challenges - including but not limited to judicial reviews - on a range of social and economic issues affecting the education sector.
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