Legal News

Nockolds Solicitors Ltd reports that references to the menopause in unfair and constructive dismissal actions, alongside discrimination claims, have surged to more than three times previous levels, jumping from 64 in 2022 to 204 over the last year. In a statement, Joanna Sutton, a principal associate at Nockolds, noted that while employer understanding of mental health and other disabilities has improved, many workplace rules still have yet to catch up and account for the menopause as a disability. Sutton also remarked that employers are increasingly insisting staff come back to the office and increase output, placing pressure on employees......

Ministry of Defence v Rubery [2024] EAT 165 What are the practical implications of this case? The EAT holds here that statutory limits on employment tribunals, which stop them from hearing certain discrimination claims by current members of the armed forces, do not infringe Convention rights. This ruling matters for practitioners advising serving personnel on avenues of redress for alleged discrimination by the services. Put plainly, those still in service cannot pursue a tribunal claim asserting that the statutory service complaints scheme itself is discriminatory. More broadly, the EAT skirts the question of the correct intensity of review for the human rights ground advanced, namely whether a rigorous proportionality analysis is required or a looser enquiry framed by whether the curb on tribunal access is manifestly without reasonable foundation. The EAT decides that, whichever standard is applied, the impugned restrictions are...

Lawyers warned firms to consider less discriminatory alternatives in light of a successful claim by Martin Scott that Walker Morris' refusal to allow him to stay on as a senior partner after he turned 63 was unlawful Raymond Silverstein, head of employment at Browne Jacobson LLP, said the judgment published on 20 February 2025 sends a clear message to law firms: if you intend to impose and enforce a retirement age of 60, you need more than a broad assertion of ‘succession planning’ — you must be ready with evidence and data. Commentators observed that compulsory retirement remains prevalent among City practices, notwithstanding legal reforms that have limited when it can lawfully be used. Unpublished survey findings from the Association of Professional Partnerships show the practice began to wane in 2011, the year the UK prohibited compulsory retirement, with around two-thirds of...

In this issue: Public procurement Brexit SIs Post- Brexit transition guidance Equality and human rights Constitutional and administrative law Judicial review Subsidy control and State aid Daily and weekly news alerts Dates for your diary Trackers New and updated content Useful information Public procurement Procurement Act 2023 ‘go live’—what happens next? From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) take effect. Any procurement launched on or after this date must proceed under PA 2023, while procurements initiated under the former regime (including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be conducted and managed in line with those instruments. This analysis draws out key developments and details, with practical pointers and...

Latest SIs laid for sifting On 24 February 2025, one SI was formally placed for sifting: New Heavy Duty Vehicles ( Carbon Dioxide Emission Performance Standards) ( Miscellaneous Amendments) Regulations 2025 A complete register of all proposed negative procedure SIs under REUL( RR) A 2023 is available here. Sifting process for proposed negative procedure SIs introduced under REUL( RR) A 2023 REUL( RR) A 2023 provides various delegated powers enabling the government and devolved administrations to make SIs to update assimilated law where necessary. Key legislative powers appear in REUL( RR) A 2023, ss 11–16, and are detailed. Principal procedural requirements, including parliamentary scrutiny routes, for these instruments are contained as prescribed in REUL( RR) A 2023, s 20 and Schs 4–5......

What has ‘gone live’? From 24 February 2025, PA 2023 has gone live, so the core provisions of the new UK public procurement regime now govern covered procurements. This spans public contracts let by central government, local authorities, and other public sector bodies for goods, services, and works above the applicable financial thresholds. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. How did we get here? Implementation followed an extensive journey, beginning with consultations under the previous government on post‑ Brexit reforms intended to streamline rules and enhance transparency. After parliamentary scrutiny and engagement with stakeholders, PA 2023 received Royal Assent on 26 October 2023, with a phased transition promised so contracting authorities and suppliers could adapt. A go‑live first set for 28 October 2024 moved to 24 February 2025 to allow for implementing legislation, system updates, and a...

Dybowski v (1) The Bishop of Llandaff Church In Wales High School and (2) Staffroom Education Ltd ( ET case number 1601681/2023 and 1601682/2023) Employment Judge Sarah Moore dismissed religious harassment and discrimination complaints brought by teaching assistant Benedykt Dybowski against The Bishop of Llandaff Church In Wales High School and the agency that placed him, Staffroom Education Ltd, as set out in a ruling released on 17 February 2025. The tribunal found the school’s response was appropriate in dismissing Dybowski and referring him to a regulator after he publicly asserted that ‘true’ marriage is a union between a man and a woman. He also declared his belief that abortion is murder and criticised Sharia (or Islamic) law......

In this issue: Public procurement Brexit highlights Brexit SIs Post- Brexit transition guidance Equality and human rights Constitutional and administrative law Judicial review Subsidy control and State aid Other Public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Public procurement New National Procurement Policy Statement published ahead of PA 2023 go-live The Cabinet Office has issued a refreshed National Procurement Policy Statement ( NPPS) that outlines strategic priorities for public purchasing. Laid before Parliament under section 13(3)(c) of the Procurement Act 2023, it takes effect on 24 February 2025 to align with the PA 2023 go-live and will continue unless withdrawn, revised or replaced. Alongside the NPPS, government has released two new Procurement Policy Notes focused on small business procurement spend targets and social value. It has also set out plans for a suite of tools and measures to further enable delivery of the NPPS aims. These include...

Islam- Wright v Arts Council England and C Ashcroft: 2408555/2022 In a decision dated 13 February 2025, Employment Judge Rhodri Mc Donald determined that the government-funded arts body undermined its employment relationship with the claimant, Islam- Wright, by summoning her to a disciplinary hearing prompted by hasty comments she made after a grant was controversially awarded to a gay rights organisation that excluded transgender people. He recorded that there was no solid basis for questioning the sincerity of her apology, despite it having been dismissed as not a genuine apology. Judge Mc Donald further concluded that notifying the claimant that she was required to attend a disciplinary hearing would have constituted a breach of the implied term. The circumstances of this case are connected to those considered in Fahmy v Arts Council England ET Case No 6000042/2022 (see News Analysis: Employee holding gender...

Higgs v Farmor’s School and (1) the Archbishops’ Council of the Church of England, (2) the Free Speech Union Ltd others as interveners), the Association of Christian Teachers, (4) Sex Matters, (5) the Equality and Human Rights Commission (as interveners) [2025] EWCA Civ 109 A school worker’s success is set to shape how employers and tribunals approach cases where staff spark outrage by airing an increasing range of legally protected views, commonly online. Justice Nicholas Underhill, writing for a unanimous panel, confirmed that employers carry the burden of proof to show any disciplinary step is “objectively justified”. Free speech supporters welcomed the judgment as a landmark in human rights law, granting employees broad room to use unrestrained and provocative language. Susan Kelly, partner at Winckworth Sherwood LLP, said it re‑emphasised the democratic importance of workers being able to say what they believe, “whether or not that...

In this issue: Brexit highlights Brexit SIs Post- Brexit transition guidance Constitutional and administrative law Judicial review Public procurement State security and intelligence Information law Equality and human rights Subsidy control and state aid State accountability and liability Other Public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights The ‘point in time’ for EUSS dependency ( Ali ( R) v SSHD) In Ms Fatima Ali’s appeal, the Court of Appeal examined the dependency criteria for family members over 21 under Directive 2004/38/ EC and the Withdrawal Agreement. It found the Secretary of State’s view—that dependency must be constant and enduring financial reliance on the EU citizen—was at odds with both instruments. The court ruled that...

Higgs v Farmor’s School and (1) the Archbishops’ Council of the Church of England, (2) the Free Speech Union Ltd others as interveners), the Association of Christian Teachers, (4) Sex Matters, (5) the Equality and Human Rights Commission (as interveners), [2025] EWCA Civ 109 What are the practical implications of this judgment? This significant ruling addresses the difficult issue of where to set the boundary between lawful and unlawful disciplinary measures by an employer when an employee’s manifestation of belief is viewed as objectionable by others. It is expected to affect several appeals pending before the EAT, for example Randall v Trent College Ltd ( EA-2023-000298- LA) and University of Bristol v Miller ( EA-2024-000324- NU) (see Practice Note: Case tracker— Employment). Delivering the principal judgment, Underhill LJ provides a detailed account of the governing principles, encompassing the rights to freedom of thought and freedom of...

Wint v Walsall Metropolitan Borough Council ( ET Case No 1306321/2023). Carl Wint failed in his case against Walsall Metropolitan Borough Council, in the West Midlands, which operates the Rivers House site for vulnerable young people. The judgment, issued on 5 February 2025, found this was because nobody, Wint included, appeared truly offended by the comment at the material time. A three-member panel chaired by Judge Kate Edmonds held that Voodooism is a protected religion—a legal first in the UK. The panel said that after speaking with his family did he decide he wished to contest the conversation that had occurred. The tribunal stated the council, which runs the Rivers House site, ought to have considered handling the racial abuse complaint more formally. It noted that Wint's colleague was never asked about the remark, despite it being 'the crucial point to...

R (on the application of Ali) v Secretary of State for the Home Department ( The Independent Monitoring Authority for the Citizens' Rights Agreements intervening) [2024] EWCA Civ 1546 What are the practical implications of this case? This ruling prevents the SSHD from adopting a stricter view that demands ongoing, unbroken dependency for adult family members of EU citizens. As a result, it brings clearer guidance and greater assurance to family members relying on the Withdrawal Agreement and Directive 2004/38/ EC (the Citizens’ Rights Directive, ‘ CRD’). For clients, securing work or achieving financial self-sufficiency after initial admission will not undermine their residence rights, even where they no longer depend on their EU citizen family member. However, where dependency ends for reasons unrelated to employment—for example, a breakdown in the parent–child relationship following the child’s marriage—the continuation of the right of residence cannot be...

Family court judges’ anonymisation overturned by the Court of Appeal ( Tickle & Summers v BBC and others) — Tickle & Summers v BBC and others [2025] EWCA Civ 42 What are the practical implications of this case? Save in only the narrowest of situations, judges sitting in the family court — including magistrates, district and circuit judges (para [54]) — should be identified by name, even where hearings are held in private. This development will be of particular note to practitioners who also sit as fee‑paid members of the judiciary. There is no distinct ‘shielded justice environment’ for family proceedings; the open justice principle applies across civil, criminal and family jurisdictions (para [45]). Although Ch A 1989, s 97 and section 12 of the Administration of Justice Act 1960 impose limits on what may and may not be reported, those statutory...

One Medicare (trading as One Primary Care LLP) v NHS Northamptonshire Integrated Care Board [2025] EWHC 63 ( TCC) What are the practical implications of this case? The ruling underscores the ongoing success of contracting bodies in securing the removal of the automatic suspension. It restates the criteria that steer the court when confronted with applications of this sort, stressing the role of adequacy of damages, but above all the balance of convenience. While the court accepted—though with some reluctance—that damages would not adequately compensate the claimant, the claimant was unable to surmount the substantial non-financial consequences the authority would face were the suspension to remain. As a result, the balance of convenience favoured the authority and the suspension was lifted. The judgment provides helpful guidance on applying these tests in public procurement disputes, particularly where vital services, including healthcare, are at stake. It also...

What is the CNI regime? Critical National Infrastructure ( CNI) encompasses the physical and digital assets, sites, and networks that keep a nation running, underpinning the health, safety, security, and economic prosperity of its people. In the UK, the basis for CNI rests on a mix of long-standing government programmes, statutory duties, and policy directives intended to protect pivotal industries. Together, they support the functioning of the country and the well-being of its population. Collectively, these elements are indispensable to national operations and the welfare of citizens. The regime arose from the imperative to shield vital services and infrastructure central to national security, economic resilience, and public protection—a subject under review by many states from the mid-twentieth century. That imperative sharpened towards the close of the twentieth century as threats from terrorism, espionage, and cyberattacks...

In this issue: Public procurement Brexit highlights Brexit SIs Post- Brexit transition guidance Constitutional and administrative law Equality and human rights Judicial review State security and intelligence Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Public procurement Government update on final steps for Procurement Act 2023 go-live. The Cabinet Office has briefed stakeholders on last-stage preparations for the Procurement Act 2023 ( PA 2023) regime commencing on 24 February 2025. Key tasks over the coming weeks include issuing supplier ‘how-to’ guidance, enrolling contracting authorities onto the central digital platform, and amplifying associated stakeholder materials and events. The notice also states the National Procurement Policy Statement ( NPPS) is nearing completion and will be covered in a separate communication once issued. See: LNB News 24/01/2025 25. Brexit highlights DBT publishes Assimilated Law Parliamentary Report. The Department for Business and Trade ( DBT) has released its Assimilated Law...

( Chief Constable of Northamptonshire Police v Woodcock, HD and others (by their respective litigation friends) v Chief Constable of Wiltshire Police) [2025] EWCA Civ 13 What are the practical implications of this case? It reminds practitioners that: The Tindall principles are now settled law: no duty of care is owed where the police merely withhold a benefit from an individual, or confer none at all. The decisive question is whether police conduct left the position worse in practical terms. Practitioners should, therefore, test the counterfactual, on the facts: what would have unfolded had the police not been involved? The ‘assumption of responsibility’ and ‘interference’ routes are illustrations of this core divide. Where officers take responsibility for a person, or stop a third party from giving aid, they are, by definition, plainly worsening matters. It is exceptionally hard to identify ‘exceptional...

In this issue: Public procurement Brexit highlights Post- Brexit transition guidance Constitutional and administrative law State accountability and liability Judicial review State security and intelligence Subsidy control and State aid Projects and infrastructure Other Public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Public procurement Preparing for the Procurement Act 2023—new practical guidance On 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are due to take effect. Procurements started on or after that date must be conducted under PA 2023, whereas those commenced under the earlier public procurement legislation will continue to be procured and managed in accordance with those rules. For background reading, see Practice Notes: Public procurement reform and Introduction to the...