Hot Topics in Employment Law 2025 – Slides

̶ ̶ Hot Topics in

̶ ̶ Hot Topics in Employment Law 2025 Indirect discrimination British 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 who commuted from abroad (predominantly non-British nationals) and those with caring responsibilities (predominantly women) • Some Cs had relevant protected characteristic, some did not • EAT indirect discrimination protections extend to those experiencing the same disadvantage as the disadvantaged group including those who do not share the same protected characteristic as the disadvantaged group • Equality Act 2010 amended 1 January 2024 - ‘substantially the same disadvantage’

̶ ̶ ̶ Hot Topics in Employment Law 2025 Redundancy - workforce consultation APD 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 workforce consultation carried out • EAT dismissal unfair due to lack of general workforce consultation at a formative stage • Court of Appeal (CoA) overturned EAT's findings general workforce consultation not 'usual standard' in small-scale redundancies