In Sullivan v Isle of Wight Council, the Court of Appeal found against the Claimant’s application to extend the whistleblower protections afforded by the Employment Rights Act 1996 (the ERA) to job applicants. The Court of Appeal found that the exclusion of job applicants from such whistleblower protections in this instance was compatible
April 2025
UK Pensions | Squaring the circle: fiduciary duties v economic growth
This is the first in a series of blogs about the Government’s Mansion House reforms, and its goal to get pension schemes doing more for the UK economy.
Perhaps the biggest challenge to the Government’s ambition for pension schemes to drive UK growth is the humble fiduciary duty. Put simply, trustees must choose investments that…
Definition of “woman” for the purposes of the Equality Act 2010
In For Women Scotland Ltd v The Scottish Ministers the Supreme Court unanimously decided that the definition of the terms “man” “woman” and “sex” in the Equality Act 2010 (EA 2010) refer to a persons biological sex. The appeal concerned the lawfulness of statutory guidance issued by the Respondent, which stated that a gender recognition…
La liberté d’expression patronale protégée par la cour supérieure : L’affaire CSN c. Domtar
Pendant la négociation d’une nouvelle convention collective, il n’est pas rare que l’employeur considère les communications syndicales comme inexactes ou incomplètes. Naturellement, l’employeur peut vouloir corriger ces informations. Cependant, sa liberté d’expression est souvent limitée, car elle peut entrer en conflit avec la liberté d’association des employés.
Dans ce qui semble être la fin d’une…
The Labour Appeal Court and Labour Court goes digital: Introducing Court Online for employment and labour disputes
The Labour Appeal Court and Labour Court have announced the implementation of the Court Online digital case management platform, effective 14 April 2025, by way of two separate directives. The introduction is a leap forward for these specialised courts, effectively promoting the principle of expeditious dispute resolution as envisaged by the Labour Relations Act, 1995…
Navigating Proposed Amendments to South Africa’s Labour Legislation: Part III
Implications for Employers
Introduction
In light of the proposed amendments detailed in Parts I and II of this article, which discussed the proposed amendments to the Labour Relations Act, 1995 (LRA), the Basic Conditions of Employment Act, 1997 (BCEA), the National Minimum Wage Act, 2018 (NMWA), and the Employment…
Navigating Proposed Amendments to South Africa’s Labour Legislation: Part II
Proposed Amendments to the Basic Conditions of Employment Act, National Minimum Wage Act, and the Employment Equity Act
Introduction
Building on the foundation laid out in Part I, which discussed the proposed amendments to the Labour Relations Act, 1995 (LRA), Part II will delve into the changes being suggested for the Basic Conditions…
Consultation on Ethnicity and Disability pay gap reporting.
In October 2024, the government released the draft Equality (Race and Disability) Bill, outlining its plan to implement mandatory ethnicity and disability pay gap reporting for larger employers. On 18 March 2025, the government published a consultation document to gather feedback on the proposed mechanisms and to guide the subsequent development and drafting of the…
Navigating Proposed Amendments to South Africa’s Labour Legislation: Part I
Proposed Amendments to the Labour Relations Act
Introduction
South Africa’s labour landscape is poised for significant changes through proposed amendments to key legislation, which aim to balance employee protection with economic growth and flexibility for employers. This article, which will be published in three parts, will provide an overview of the main proposed changes to…