Hot Topics Employment Law And Mental Health

This month we look at the supreme court ruling regarding the definition of sex, as it relates to the law, the possible introduction of combined discrimination and focus on mental health, following mental health awareness month.  In our tribunal round up we highlight the issues of unfair dismissal.

 

By Kimberly Bradshaw (CEO, Spotlight HR)

Edition June 2025

Sex is biological and binary

The big news last month was the Supreme Court’s ruling that the concept of sex is binary (one is either a man or a woman) and biological (the sex assigned at birth).   Even a person with a Gender Recognition Certificate is not within the definition of a ‘woman’.  Many in the LGBTQIA+ community and beyond are disappointed with this ruling and although it does not reduce the rights of transgender people to be protected under the Equality Act there are going to be significant implications for employers.  We are awaiting more guidance from the Government on this.  Transgender people are still protected against direct discrimination, indirect discrimination and harassment in their acquired gender.  We have actually been working with this for years.

Discrimination becomes more complex

On the topic of potential discrimination, we know that the Equality Act 2010 provides for direct and indirect discrimination, victimisation and harassment and all have their legal definitions which is complicated as it is.  Now, however, the Government are calling to bring into force combined, or dual, discrimination on the Act.

The current protected characteristics are:

  • Age
  • Disability
  • Gender reassignment
  • Marriage & Civil partnership
  • Pregnancy & maternity
  • Race
  • Religion or belief
  • Sex

Individuals can only bring a claim at the moment on just one of those characteristics, they cannot be combined.  This is the case even if combining characteristics would make a tribunal claim more likely to succeed.  Combined discrimination is designed to resolve this issue.  Although the provision for combined discrimination is included in the Equalities Act, it has never been brought into force and the plan is to change that.  Watch this space for more information.

Get in touch for a chat if you need advice on this.

Mental health awareness week 12th to 18th May 2025

This is an annual event run by the Mental Health Foundation and aims to focus on the importance of good mental health.  This is a topic very dear to our hearts at Spotlight HR.  Absence as a result of poor mental health is hard to identify for most employers as staff can provide other non-specific reasons for their absence (e.g. stomach upset, headache) but according to research by Deloitte (see Mental health and employers – the case for investment | Deloitte UK) stress, depression or anxiety account for 46% of all work-related ill-health cases. 55% of all working dates are lost due to this.  High levels of absence have a negative impact on productivity, mistakes made, customer service and staff turnover.  Plus, employers have a duty of care to ensure the health and safety of their employees.  Making a small investment in the well-being of your team will make a significant impact on the health of your organisation.  What are you doing to improve mental health at work?  If you need ideas just let us know.

Tribunal focus – Beware unfair dismissal

A recent (23rd April 25) tribunal found Ms Thurman was unfairly dismissed by the Secretary of State for Justice.  Many people have heard of constructive dismissal, however, unfair dismissal is more concerning for employers because in some, rare, circumstances the fines are uncapped so successful cases could be awarding hundreds rather than several thousands of pounds, although in this case the fines were not huge.  It does however bring to the forefront the importance of protecting against unfair dismissal.  This means that to dismiss someone the employer must:

  • Have a potentially fair reason to do so
  • They must have acted reasonable in treating this reason as sufficient to justify the dismissal
  • They must follow a fair procedure.

To bring a claim employees must demonstrate they were employed for at least two years and they have lodged a claim within three calendar months of the effective date of termination.  For more advice on how to navigate the legal framework just get in touch.

 

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