Employment healthcare briefing, September 2025

01 October 2025

Welcome to our latest employment health briefing, bringing you a roundup of key legal developments over the last few months.

There have been significant developments on the progress of the Employment Rights Bill over the last quarter. We have included in this newsletter the articles charting the Bill’s progress in August and September, but if you are interested in viewing the full progress of the Bill, our latest updates can be found here.

Using AI for recruitment: The data issues

In this article, we look at an audit report carried out by the ICO on the use of AI tools in recruitment, and recommendations for employers to ensure compliance with data protection legislation and good practice.

Resident doctors vote to strike: Legal considerations for the NHS

For the NHS, this development presents immediate operational challenges. We consider some practical steps Trusts may wish to consider to effectively plan for potential walkouts.

Employment status: An important reminder on the use of substitution clauses

We review the decision in BCA Logistics Ltd v Parker & Ors [2025] EAT 94 and whether a substitution clause was ‘genuine’ for the purposes of assessing employment status.

Whistleblowing protection: Disclosures to external investigators

We consider the case of Chase v Northern Housing Consortium Ltd and another [2025] EAT 104 and the Employment Appeal Tribunal’s consideration of whether a disclosure made to an external investigator can qualify as a protected whistleblowing disclosure.

NHS manager proposals 2025: Legal outlook on standards frameworks

We review the UK government's new proposal to introduce a regulatory framework for NHS managers and the legal and operational implications of the proposed framework.

EHRC taking regulatory action on single-sex spaces

In this article, we unpack the EHRC's regulatory action against bodies whose policies, or guidance mis-interpret the single sex provisions of the Equality Act 2010.

‘Shifting’ the burden of proof in discrimination claims

We analyse the guidance provided by the Court of Appeal in Leicester City Council v Parmar [2025] EWCA Civ 952 on when the burden of proof will ‘shift’ to the Respondent in discrimination claims and the risks for employers who fail to apply a consistent approach to disciplinary allegations.

Employment Rights Bill Report Stage: July 2025

In this article, we cover the key significant developments made during the Bill's Report Stage in the House of Lords.

Update on the Employment Rights Bill: September 2025

Following the summer recess, the Bill returned to the House of Commons on 15 September for consideration of the Lords’ amendments. Unsurprisingly, the House of Commons rejected the non-government amendments.

Preparing for Employment Tribunal hearings in the health and care sector

14 October 2025, 9.30am - 10.30am

Online

This practical session will delve into the complexities of employment tribunal proceedings, offering practical tips, from the preparation of defence documents to giving evidence at the hearing.

Mock Employment Tribunal

17 November 2025

We are delighted to invite you to our Mock Employment Tribunal at Wythenshawe Hospital. This year, given the costs pressures on NHS organisations, the fictional scenario will be based on a restructure in an NHS Trust.

Not only will you gain invaluable insights into effectively navigating the tribunal hearing process, you will also learn how to avoid common pitfalls in restructure and redundancy situations. The event will be in collaboration with employment barristers from St John’s Buildings Chambers and promises to be both enlightening and engaging. We will be circulating an online invitation for this event shortly.

Webinars

We are delighted to share links to the following webinars which can be viewed ‘on-demand’. These webinars address key legal considerations for employers as the NHS continues with its transformation of its workforce:

Legal principles of workforce change management in the NHS and the people dimension

On-demand

Jacqui Atkinson (Head of Employment Healthcare), Bridget Prosser (Partner), Alex Berkshire (Senior Associate) and Laura Chinyere-Ezeh (HR Consultant) discuss the legal principles of change management and how to avoid employee harm when managing and implementing change in an NHS context.

Watch now

Legal principles of TUPE within workforce change management in the NHS

On-demand

Jacqui Atkinson (Head of Employment Healthcare), Bridget Prosser (Partner) and Jennifer Jenkins (Principal Associate) discuss the key principles of TUPE within an NHS setting and potentially challenging issues when managing a change process.

Watch now

Diversity, equity and inclusion

Widely recognised and celebrated for our commitment to DEI, we are one of the leading employers in the Social Mobility Foundation’s Employer Index for 2024, the leading authority on social mobility workplace best practice in the UK.

Find out more