Full Breakdown
Recent Developments in Employment Law: Key Cases and Legislative Changes
9/4/2025, 1:10:06 PM
Court of Appeal Ruling on Poultry Workers' Pay
In a significant ruling, the Court of Appeal addressed the case of *The Commissioners for HM Revenue and Customs v Taylors Services Ltd (Dissolved)*, determining that poultry workers were not entitled to the national minimum wage (NMW) for travel time spent commuting to and from farms on employer-provided minibuses. The court concluded that since the workers would not "otherwise be working" during their travel, this time could not be classified as time work under Regulation 34 of the NMW Regulations. This decision overturned a previous Employment Appeal Tribunal ruling that had favored the workers.
Employment Rights Bill Progress
The Employment Rights Bill (ERB) is progressing through Parliament, with the House of Lords proposing amendments that include reducing the qualifying period for unfair dismissal from two years to six months. The Bill is set to undergo further scrutiny in the House of Commons, with a Third Reading scheduled for September 3. Key provisions, such as the right to claim unfair dismissal from day one, are expected to be delayed until 2027, creating uncertainty for employers regarding compliance.
Call for Evidence on Unpaid Internships
The Department for Business and Trade (DBT) has issued a call for evidence concerning unpaid internships and work trials that pay below the NMW. This initiative aims to gather views and evidence on these practices, with the consultation closing on October 9, 2025. The government anticipates publishing its response in early 2026.
Updates to the EHRC Code of Practice
The Equality and Human Rights Commission (EHRC) is finalizing updates to its Code of Practice following extensive consultation. The revisions aim to clarify the definition of "sex" under the Equality Act 2010, as established by the Supreme Court in *For Women Scotland Ltd v The Scottish Ministers*. The updated Code is expected to be submitted to the government soon, pending parliamentary approval.
Right to Disconnect in Australia
Australia's right to disconnect law has been fully implemented, granting employees the legal right to refuse after-hours contact. This law now applies to all businesses, including small enterprises, and emphasizes the importance of work-life balance. The Fair Work Ombudsman has clarified that while employers can still contact employees outside working hours, employees have the right to refuse unless the request is deemed unreasonable.
Criticism of AI in Employment Grievances
Legal experts have raised concerns about the increasing use of AI platforms by employees to draft grievances and tribunal submissions. While this trend may enhance access to justice, it poses challenges for employers due to potential inaccuracies and the complexity of AI-generated claims, which can prolong tribunal proceedings and increase legal costs.
Sandie Peggie's Ongoing Legal Action
Nurse Sandie Peggie has initiated fresh legal action against NHS Fife and several senior managers, alleging harassment and victimization related to her gender-critical beliefs. This follows her previous tribunal case concerning her suspension after complaints about sharing a changing room with a trans colleague. Peggie's legal team is pursuing additional claims against NHS Fife, highlighting ongoing tensions within the organization.
Conclusion
These developments reflect significant shifts in employment law, with implications for both employers and employees. The ongoing legislative changes, court rulings, and emerging workplace rights underscore the need for organizations to stay informed and adapt to the evolving legal landscape.
