Supreme Court Rules that, for the purposes of the Equality Act, “man”, “woman” and “sex” refer to “biological sex” (For Women Scotland v The Scottish Ministers [2025] UKSC 16)
This decision may have limited impact for employers – trans employees will still be protected from discrimination on the basis of gender reassignment and on the basis of their perceived sex. However, the Supreme Court recognised that equal pay claims will be an area where there are significant anomalies. For example, a trans woman will legally have male sex and therefore can’t compare her pay to a cisgender man. A trans man will legally have female sex and could do so.
New guidance on neonatal care leave and pay
ACAS has issued comprehensive new guidance on the Neonatal Care (Leave and Pay) Act 2023, which came into force on 6 April. The guidance offers a clear explanation to employers of the new day one entitlement to up to 12 weeks of leave, to be paid at a statutory rate.
Taking all reasonable steps to prevent racial harassment
In Campbell v Sheffield Teaching North Hospitals NHS Foundation Trust & Hammond [2025] EAT 42, the employer was found to have taken all reasonable steps to prevent racial harassment from occurring. The steps taken – including regular mandatory training and including the employer’s values as part of performance assessment – are helpful examples and would be relevant to other forms of harassment (including sexual harassment).
External job applicants do not have whistleblower protection
In Sullivan v Isle of Wight Council [2025] EWCA Civ 379, the Court of Appeal confirmed that when an external job applicant raises disclosures which would usually be considered protected, that external applicant will not attract whistleblowing protections.
Upcoming HR Cabinet
We host our HR Cabinet via Microsoft Teams at 8.30am on the last Thursday of every month. The aim of the HR Cabinet is to give you the opportunity to talk about HR matters with your peers.
If you would like to attend the HR Cabinet and haven’t signed up already, visit here to learn more.
If you’d like to discuss the impact of these employment law updates on your business, please contact B P Collins’ employment lawyers at enquiries@bpcollins.co.uk or call 01753 889995.
