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In the June edition of our Employment Law & HR update, we have published a selection of news, insights, case studies and more on topics including:
- Details of our next webinar on 'Managing conflict, grievances and protected beliefs';
- How AI Is Changing Employment Law;
- Can External HR Consultants Be Liable for Dismissal Decisions?;
- Discrimination Through Body Language;
- Teacher Awarded £370K for Trade Union and Disability Discrimination; and
- Details of our new EDI training and eLearning.
If you require further information on anything included in this update or any employment issue you may be facing, please do not hesitate to contact the Employment team on 01332 867 766 or by replying to this email.
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MANAGING CONFLICT, GRIEVANCES & PROTECTED BELIEFS
Join us on Thursday, 17 July for an informative session exploring the latest legal and HR developments around workplace culture and conduct. With employees expressing their beliefs more openly in the workplace and on social media, employers must carefully balance freedom of speech with the duty to prevent harassment and uphold inclusion.
Key topics to be covered include:
- The legal context- relevant discrimination laws and the European Convention on Human Rights
- Recent case law- where are we now following the Court of Appeal’s judgment in Higgs v Farmor’s School and the Supreme Court’s decision in For Women Scotland v The Scottish Ministers
- How to balance conflicting rights and deal with situations proactively- practical tips
- How to improve workplace culture – guidance on getting it right
- An opportunity for Q&A
We will also provide a roundup of the latest case law and share our top tips for fostering a supportive and legally compliant work environment.
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HOW AI IS CHANGING EMPLOYMENT LAW
With artificial intelligence (AI) becoming more integrated into everyday business practices, it’s no surprise that both employers and employees are raising concerns about its impact. While AI offers efficiency and innovation, it also brings new challenges, especially when it comes to employment law.
In our latest article, we examine the legal implications of using AI across key areas, including recruitment, internal operations, data privacy and employee performance. We explain how AI can introduce risks such as discrimination claims, data protection breaches and intellectual property issues, and why employers must develop clear usage policies, maintain transparency, and take a proactive approach to compliance.
AI regulation is still playing catch-up, and without specific UK legislation in place, employers must understand their responsibilities under existing laws like GDPR and the Equality Act. Whether you’re already using AI or just starting to explore its potential, this is a critical area of risk management and long-term planning.
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CAN EXTERNAL HR CONSULTANTS BE LIABLE FOR DISMISSAL DECISIONS?
In the recent case of Handa v Station Hotel & Others, two external HR consultants were brought in—one to handle a grievance, the other to run a disciplinary process that led to the claimant’s dismissal. The claimant argued both consultants had acted as agents of the employer and should be held liable for whistleblowing detriment, including the dismissal itself.
The Employment Appeal Tribunal disagreed, ruling that neither consultant could be considered an agent for the purpose of legal liability. They had not made or communicated the decision to dismiss—only advised on it. As a result, this part of the claimant’s case was struck out.
For employers, this decision is reassuring but not without caveats. It confirms that external HR consultants are unlikely to be liable unless they directly carry out the dismissal. However, it also reinforces the importance of drawing clear lines between investigation, advice, and decision-making. Keeping dismissal decisions in-house protects process integrity and reduces the risk of confusion or challenge.
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DISCRIMINATION THROUGH BODY LANGUAGE
An Employment Tribunal found that a manager’s repeated sighs and negative body language towards an employee with ADHD amounted to harassment and disability discrimination.
The case centred on Mr Watson, a software engineer whose ADHD symptoms led to difficulties at work. Rather than being supported, he faced subtle but persistent hostility from his manager, which contributed to his dismissal. The Tribunal concluded the employer had failed to make reasonable adjustments and had not recognised the impact of non-verbal behaviour.
For employers, this case highlights the importance of training managers to recognise and support neurodiverse staff, and to understand that discrimination can stem from tone, gestures and attitude, not just words.
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TEACHER AWARDED £370K FOR TRADE UNION AND DISABILITY DISCRIMINATION
In the case of Wood-Hope v Salford City Council & the Governors of Friars Primary School, the Employment Tribunal found that a teacher was unfairly dismissed after being targeted due to her role as a trade union representative and her disability-related absences.
Ms Wood-Hope was subjected to unfounded misconduct allegations, placed on a performance plan without explanation, and ultimately dismissed—all linked to her union involvement and stress-related illness.
The tribunal awarded her over £370,000 in compensation, highlighting serious procedural and discriminatory failings. For employers, this case is a critical reminder of the legal protections surrounding trade union activity and the need for fair processes, impartial decision-making, and reasonable adjustments in the workplace.
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NEW EDI TRAINING & ELEARNING NOW AVAILABLE
We’re pleased to announce the launch of our new Equality, Diversity & Inclusion (EDI) training and eLearning programme—designed to empower your team with the knowledge, tools, and confidence to foster a truly inclusive workplace.
Whether you're looking to meet compliance standards or build a more respectful, equitable culture, our flexible, SCORM-compliant modules and expert-led live sessions provide the best of both worlds.
Explore key topics such as the Equality Act 2010, recognising and addressing harassment, and applying best practices to promote inclusion across your organisation.
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Speak to one of our employment law & HR experts
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© Copyright 2025 | Flint Bishop Limited. All rights reserved The content of this email is provided for general interest and information. It contains only a brief overview of aspects of the subject matter and is not intended to provide comprehensive statements of the law. It does not constitute legal advice and is not intended to provide a substitute for it. Your information will be processed in accordance with our privacy notice. Flint Bishop Limited (Flint Bishop) is a Limited Company registered in England and Wales (Reg No: 05991683). Registered office: Pinnacle Building, 2 Prospect Place, Pride Park, Derby DE24 8HG. Flint Bishop Limited is authorised and regulated by the Solicitors Regulation Authority (SRA ID: 8006955). VAT No: 469 2812 59. The word ‘partner’, used in connection with Flint Bishop, refers to a director or employee and should not be construed as indicating any relationship of partnership (within the meaning of the Partnership Act 1890) exists between all or any of the individuals so designated or between any individual and Flint Bishop. A list of directors’ names is available for inspection at our registered office. Flint Bishop, Flint Bishop Solicitors, FB Costs and FB Training are also trading names of Flint Bishop Limited.
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