A key decision to look out for in 2025 is Higgs v Farmor’s School, as this landmark case was heard by the Court of Appeal in October 2024 (see here). The outcome will – as the Equality and Human Rights Commission noted in its recent press release – set a precedent for future cases concerning protected beliefs in the workplace (especially where those beliefs intersect with other protected characteristics).  

By way of reminder, Ms Higgs was disciplined and dismissed from her employment in a school after she re-shared articles on Facebook and added her own comments, perceived to be of a homophobic and transphobic nature, criticising the introduction of teaching about LGBT+ relationships in primary schools. Ms Higgs brought claims in the Employment Tribunal (ET) for direct discrimination and harassment on the grounds of a number of beliefs relating to LGBT+ and religious beliefs.

The ET found in favour of the school, but on appeal the Employment Appeal Tribunal (EAT) found that the ET had failed to properly consider whether the dismissal was because of/related to Ms Higgs manifesting her protected beliefs and the proportionality of the school’s interference with this and her right to freedom of expression. You can read the EAT’s judgment here.

The issue of how employers should balance competing protected characteristics in the workplace – in this case how best to balance gender-critical views and beliefs relating to LGBT+ and religious issues with the rights of those with LGBT+ identities – is a complex and evolving area of law. There are no easy answers, but it will be useful to read the Court of Appeal’s judgment when that is published in 2025.

Turning to industrial relations, it will be helpful to see what the Court of Appeal decides in Ryanair DAC v Morais. This case centres around Ryanair’s decision to withdraw travel benefits from pilots after they participated in industrial action. The pilots claimed that they had been subjected to a detriment connected with trade union activities, and that Ryanair’s compilation of a list to withdraw benefits amounted to a prohibited blacklist under the Blacklisting Regulations. This case had been stayed pending the Supreme Court’s ruling in Mercer v Alternative Futures Group (summarised in our e-alert here), so no doubt the Court of Appeal will rely heavily on that judgment when reaching its conclusions in Morais.

Notably, the Court of Appeal will also in 2025 grapple with the next stages of Sullivan v Isle of Wight Council (focusing on whether external job applicants can bring whistleblowing detriment claims), as well as Augustine v Data Cars Limited (a discrimination case looking at whether part-time status needs to be the sole reason for less favourable treatment).

We will of course keep our subscribers updated on case law developments over the year ahead. Dates for our Spring Employment Law Updates will also be available soon. If you are a Make UK subscriber, you can speak to your regular adviser for guidance on evolving case law and legislative developments. If you are not a Make UK subscriber, you can contact us or click here for information on how we can help your business.
 

Yes, it seems relatively likely that moving forward we may see the Equality and Human Rights Commission (EHRC) making greater use of its enforcement powers, including its right to issue fines for breach of the new duty on employers to take reasonable steps to prevent sexual harassment at work.  To read more about this new duty, which came into force in October, see here.

The EHRC’s other enforcement powers include the power to investigate and the power to enter a 'section 23 agreement' (i.e. a legal agreement under which an organisation agrees to take certain steps to prevent sexual harassment in exchange for the EHRC refraining from using its other enforcement powers). As has been widely reported in the media, over recent years the EHRC has entered into section 23 agreements with numerous high-profile employers, such as Sainsburys, East of England Ambulance Trust and McDonalds. It will be interesting to see whether its use of these agreements increases over the coming years.

To read our e-alert on key issues employers should have in mind when planning staff social events in light of the new duty, see here.

Make UK, as your trusted partner, can provide a package of support to employers to support the implementation of the new duty. We offer a suite of training covering all levels - from front line to director - which can be delivered virtually or face-to-face, together with HR and management workshops and visioning sessions (for planning purposes and on-going review and monitoring of the steps taken).

In addition, we can provide template documentation, including an anti-bullying and harassment policy (including management guidance notes) and an equality policy, workplace risk assessments (which we can offer in conjunction with our health and safety team) and workforce surveys (including Pulse surveys and focus groups). This is alongside our full suite of ED&I training and consultancy to support your general duties under the Equality Act 2010.

For further details, you can speak with your regular Make UK adviser, contact us and/or see Sexual Harassment | Make UK.

From 1 April 2025, the National Living Wage (NLW) – which is the minimum hourly rate of pay which must be paid to workers aged 21 and over – will rise from £11.44 to £12.21.  

At the same time, the National Minimum Wage (NMW) rate for 18-20 year olds will rise from £8.60 to £10.00, and the rate for 16-17 year olds and certain apprentices will rise from £6.40 to £7.55. See here and here for further details.

Failure to pay the NMW and NLW can result in serious consequences for employers. For example, employers may find themselves subject to various enforcement measures by HMRC, including civil penalties and "naming and shaming" (and could even face criminal prosecution). In addition, workers may seek recovery of underpayments through the employment tribunals or civil courts. It is therefore important for employers to ensure compliance with the new rates from 1 April 2025 onwards.

It is also worth noting that the Living Wage rates for 2024-25 were announced by the Living Wage Foundation on the 23 October 2024 – see here. The Real Living Wage and London Living Wage are voluntary minimum wages based on the cost of living (the latter focused on meeting the higher costs of staff living in London). Employers who are accredited with the Living Wage Foundation should implement these updated rates by 1 May 2025.

If you are a Make UK subscriber, you can speak to your regular adviser for further guidance about minimum wage entitlements and/or access information in the HR & Legal Resources section of our website.

If you are not a Make UK subscriber, you can contact us for further support on this topic or to access our resources. Please click here for information on how we can help your business. 

Most disciplinary hearings are likely to take place in person, at your premises. In some circumstances, however, it may be appropriate or necessary to hold a disciplinary hearing remotely (for example, if the participants are home or hybrid workers).  

In order to maintain flexibility to choose the most appropriate location for a disciplinary hearing in each case, we recommend specifying in your disciplinary policy that a hearing may be either remote or in person, at your discretion, and that home or hybrid workers may be required to attend your premises for hearings that are in person. Our template disciplinary policy (which is available to Make UK subscribers in our HRL Resources) takes this approach.

When considering whether to hold a disciplinary hearing remotely or in person, bear in mind that if the employee concerned is not used to remote meetings because they do not work from home (for example, a production operative), an in-person hearing may be more appropriate.

When scheduling remote hearings, you will need to ensure that all parties (including the employee’s companion) have access to the necessary technology to enable them to fully participate in the hearing, as well as any relevant materials that may be referred to. You will also need to consider whether any participant has a disability or other accessibility issue that could affect their ability to use video conferencing technology and whether any reasonable adjustments might be required as a result. 

If you are a Make UK subscriber, you can speak to your regular adviser for further guidance and/or access information about disciplinary matters, including template policies and drafting guidance, in the HR & Legal Resources section of our website. 

If you are not a Make UK subscriber, you can contact us for further support on this topic or to access our resources. Please click here for information on how we can help your business.

Maternity allowance is a benefit administered by Jobcentre Plus which is available to individuals who do not qualify for Statutory Maternity Pay (SMP). This might be applicable where, for example, the individual does not have the required length of service or does not satisfy the lower earnings limit to be eligible for SMP. If one of your employees does not qualify for SMP, you should supply them with an SMP1 form, which explains how to claim maternity allowance. For further information, see here. 

If you are a Make UK subscriber, you can speak to your regular adviser for further guidance and/or access information about maternity and other family-related entitlements, including template policies and drafting guidance, in the HR & Legal Resources section of our website. 

If you are not a Make UK subscriber, you can contact us for further support on this topic or to access our resources. Please click here for information on how we can help your business.