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HR case law update: Busier tribunals

Who should attend

HR professionals and in-house lawyers with a specialist interest in employment law.


New legislation has reduced to a trickle under a minority Government grappling with Brexit. But employment case law is resurgent following the abolition of tribunal fees. More claims means more higher court decisions and appeals and so the law continues to evolve.

This update covers key case decisions on topics including unfair dismissal, discrimination, worker status and employer responsibility for an illegal act, plus some important new legislative developments such as IR35 and bereavement leave. The Government is tending to focus its attention on employers with 250 employees or more. New announcements on ethnicity pay, disability, mental health and wellbeing data continue this trend. We will review HR reporting duties, including tougher modern slavery proposals, plus ‘The Good Work Plan’ and any actual Brexit developments.


09.00 registration and coffee, 09.30 start

Recent cases (and some in the pipeline)*

  • harassment or office banter?; conflict between religious
  • belief and LGBT rights; meaning of philosophical belief?
  • scope of legal privilege and does it apply? (X vs Y Ltd and SFO vs ENRC Ltd)
  • vicarious and personal liability: employer responsibility for employee actions; employee responsibility for own actions
  • changing collective terms: dealing with an impasse, going direct to employees (Kostal vs Dunkley)
  • unfair dismissal claims relating to whistleblowing, TUPE and time off rights
  • worker status: employer appeals (Addison Lee, Uber); novel litigation: collective bargaining and human rights (IWGB)
  • covert surveillance and human rights

*case coverage may vary in Northern Ireland


  • a new statutory code of practice on sexual harassment
  • consultations on use of NDAs and protection for interns / volunteers

Accountability through transparency

  • ethnicity pay consultation
  • voluntary reporting on disability, mental health and wellbeing: the shape of things to come?
  • modern slavery review: risks of non-compliance?
  • CEO pay ratios and employee engagement reporting

New developments

  • private sector IR35 clampdown: budget announcement
  • Migration Advisory Committee report and White Paper
  • aggravated and repeated breaches: tougher penalties
  • more rights for atypical workers: actions from Taylor
  • pensions dashboard consultation
  • deal or no deal: Brexit update

13.00 close, followed by lunch

Download the full HR case law update programme

employee investigations training


Each briefing will be delivered by two trainers.

Cost: £275

All prices are exclusive of VAT

Group discount:

10% discount for delegate 2 and subsequent delegates.

Online payment discount: 5%

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