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Hot Topics in Employment Law 2025 – Slides

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̶̶Hot Topics in

̶̶Hot Topics in Employment Law 2025Indirect discriminationBritish Airways PLC v Rollett and others [2024] EAT 131• R changed shift patterns for cabin crew• Indirect race and sex discrimination claims issued• Cs argued new patterns were indirectly discriminatory to those whocommuted from abroad (predominantly non-British nationals) andthose with caring responsibilities (predominantly women)• Some Cs had relevant protected characteristic, some did not• EATindirect discrimination protections extend to those experiencing thesame disadvantage as the disadvantaged groupincluding those who do not share the same protectedcharacteristic as the disadvantaged group• Equality Act 2010 amended 1 January 2024 – ‘substantially the samedisadvantage’

̶̶̶Hot Topics in Employment Law 2025Redundancy – workforce consultationAPD RPO UK Ltd v De Bank Haycocks [2024] EWCA Civ 1291• R proposed two redundancies in recruitment team• C scored lowest and was placed at risk of redundancy• R held three individual consultations with C, but no workforceconsultation carried out• EATdismissal unfair due to lack of general workforce consultation at aformative stage• Court of Appeal (CoA)overturned EAT's findingsgeneral workforce consultation not 'usual standard' in small-scaleredundancies