Specialism: Employment Law

Victimisation: where the Claimant may do a protected act

Aslam v Transport UK London Bus Ltd [2025] EAT 113 highlights employer victimisation under the Equality Act 2010. The case confirms that claims can succeed even if unpleaded, where an employer believes a job applicant may make a protected act, reinforcing the tribunal’s duty to act in the interests of justice.

Why Grey Fleet Could Be Your Greatest Compliance Gap

Grey fleet vehicles – personal cars used for business travel – are one of the biggest hidden compliance risks for organisations. Although these vehicles don’t appear on the company fleet list, employers are still legally responsible for ensuring they are roadworthy, properly insured for business use, and driven by competent, licensed employees. With millions of grey fleet vehicles in the UK and many lacking adequate checks, training, or maintenance, businesses face significant legal and financial exposure. Effective grey fleet management requires clear standards, enforced checks, proper driver training, and ongoing documentation to meet duty-of-care obligations and avoid serious consequences in the event of an incident.

Addressing time limits at preliminary hearings: Mesuria v Eurofins Forensic Services Ltd [2025] EAT 103

In Mesuria v Eurofins Forensics Services Ltd [2025] EAT 103, the EAT held that tribunals must clearly distinguish between determining a preliminary issue and striking out a claim. The Employment Judge failed to specify which approach applied when addressing time-limit and merits issues, leading to procedural unfairness. The appeal succeeded, and the case was remitted. The decision highlights the need for precise directions at preliminary hearings, especially where litigants in person are involved, to ensure fairness and prevent tribunals from exceeding their remit.

Tackling amendment applications: lessons for practitioners

In CX v Ministry of Justice, the EAT upheld the Tribunal’s refusal to allow a late amendment adding disability discrimination claims, finding it would introduce entirely new issues and expand the case significantly. The decision reinforces that amendment applications must be judged by their practical impact, timing, and potential prejudice, not just legal form. Practitioners are reminded to plead clearly, act promptly on new evidence, and prepare detailed arguments on the necessity and consequences of proposed amendments.

Outsourced HR Professionals Might Be Their Client’s Agent

Outsourced HR professionals face unique legal risks when acting on behalf of their clients. A recent Employment Appeal Tribunal case highlights how contractual terms and day-to-day actions can determine whether HR providers are considered their client’s agents—and therefore legally and financially responsible for employment decisions.

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