DMH Stallard Employment Law Updates

In part one of this series, our employment law experts looked at the initial considerations for employers who are considering the possibility of employees working for them from abroad, whether at the request of the employee or because it would be of benefit to post them overseas. In this second part, we examine some of the practical issues faced by employers who receive requests or who are otherwise considering the possibility of moving employees abroad. Hosted by Employment Partner Will Walsh, with Employment Partners Adam Williams and Rebecca Thornley-Gibson also joining the discussion.

The issue of interim relief applications is becoming increasingly relevant for employers. Interim Relief is an emergency remedy available to claimants dismissed in connection with trade union activities or raising a protected disclosure, and the last few months have seen a staggering increase in these applications — rising from around 20 per year to a similar number each month. Many of these applications appear to have been prepared using generative AI, prompting the President of the Employment Tribunals to issue Presidential Guidance reminding litigants that submissions must be "concise, relevant and accurate." While employers cannot prevent an interim relief application from landing on their desk, the consequences of one being granted are severe — potentially requiring continuation of a former employee's full salary for up to two years until a final hearing. That does not mean the situation is unmanageable, but it is very important that employers maintain thorough documentation, draft comprehensive dismissal letters, and keep investigations into conduct clearly separable from any whistleblowing complaints, so that they are well-placed to defend these applications at short notice. Hosted by Employment Partner Rebecca Thornley-Gibson, with Employment Solicitor Lydia Goodman also joining the discussion to share their insights on what interim relief is, why applications are surging, and how employers can mitigate their risks through proper procedures and preparation.

The issue of employees working internationally is becoming increasingly common. As businesses and markets expand, it may be that employers need to post UK employees overseas. With more and more employees working remotely, or in a hybrid working environment, requests to work from overseas are also on the rise, whether as lifestyle choice, perhaps because of family connections, or even to fit around holiday and travel plans to accommodate longer trips. While the idea may seem simple, particularly with the ease of modern technology, employers need to understand that overseas working can create very significant legal and practical issues and the consequences of getting it wrong can be severe. That does not mean that overseas working is out of the question, but it is very important that employers enter into any agreement or arrangement with their eyes open and with the benefit of proper advice to navigate these issues. Hosted by Employment Partner Will Walsh, with Employment Partners Adam Williams and Rebecca Thornley-Gibson also joining the discussion to share their expert insights on how employers should manage requests for overseas working and mitigate their risks.

WhatsApp’s journey from a personal messaging app to an everyday workplace tool has been rapid, with billions of users globally. Its appeal is obvious: quick, intuitive communication that mirrors the pace and informality of face‑to‑face interactions. Those same features, however, pose significant risk if they are poorly managed. In this podcast, our experts look at things from an employment perspective, and how the use of WhatsApp feature prominently in disciplinary matters, grievances, Tribunal litigation and data subject access requests. The informality invites off‑the‑cuff comments, jokes and opinions that can land badly and, potentially, fuel allegations of bullying or harassment.  Even if messages are sent on personal devices to work-related group chats, employers may be found liable where conduct is linked to the workplace. Employers should also be mindful of data security; messaging platforms can be a vector for accidental disclosure of client or sensitive personal data, risking reputational damage and possibly regulatory sanctions. The challenge, therefore, is not whether to use messaging at all, but how to govern it. Hosted by Employment and Immigration Partner Adam Williams, with Employment Partner Hollie Ryan and Dispute Resolution Partner Nicola Billen joining the discussion to share their expertise and tips on how employers can reduce the risk of permitting the use of WhatsApp in the workplace. 

In this latest podcast, our employment law experts discuss the practical strategies employers should take to maximise their chances of successfully winning or defending against employment tribunal claims. Since their initial introduction in the late 70s (know then as ‘Industrial Tribunals’), employment tribunals have developed significantly into a robust legal process which requires witness statements and procedural requirements and follows set rules to ensure a fair process. The number of claims brought before the courts continue to increase as employees become more aware of their rights. That rise looks set to continue following the Employment Rights Act 2025 reforms. The reduction in the minimum period of service required for an unfair dismissal claim changed from two years to six months, alongside existing risk in relation to  discrimination and whistleblowing claims highlights the importance of employers documenting clear, legitimate reasons for all employment decisions. Hosted by Employment Partner Rustom Tata, with employment experts Simon Bellm and Lydia Goodman joining as speakers to share their expertise and tips on how to tackle tribunal claims. 

In this latest podcast, our employment experts explore how forthcoming legislative changes, recent case law and European developments could reshape whistleblowing policies in UK workplaces. Hosted by Employment and Immigration Partner Adam Williams, with Employment Law partners Rebecca Thornley-Gibson and Hollie Ryan joining as speakers to examine the addition of sexual harassment as a new category of wrongdoing for the purpose of whistleblowing disclosures, the tactical implications for claims, and what tribunals are signalling in the current case law. 

An employer is generally under a duty to make reasonable adjustments for a disabled employee under Section 20 of the Equality Act, if they know or ought to reasonably know, that the individual in question is disabled and likely to be placed at a substantial disadvantage because of their disability. In this podcast, our employment experts look at the issues that employers need to consider and how far they need to go to make reasonable adjustments in the workplace to accommodate a disabled employee. Hosted by Partner and Head of Employment, Rustom Tata, with employment solicitor Lydia Goodman joining the discussion to share their expert insights and provide practical tips for employers and HR managers. 

Employers often have to deal with situations where an employee has committed acts of, or is facing allegations of, misconduct and there is the potential for a lot to go wrong. It is important that the employer gets the process right when dealing with issues of misconduct as the consequence of failing to do so can be damaging to the employer and could lead to them facing unfair dismissal claims, reputational damage and high settlement costs. In this latest podcast, we consider 10 common pitfalls made by employers when dealing with misconduct and how best to avoid them. Hosted by Partner and Head of Employment, Rustom Tata, with employment experts Hollie Ryan and Eloise Brennan joining the discussion to share their expert insights and provide practical tips for HR professionals.

Conflicts arising in respect of different protected characteristics have come to the fore in a number of recent high profile cases, particular in the context of sex, sexual orientation and gender critical beliefs. In this podcast, we discuss recent cases in this area, including Higgs v Farmor’s School and Maya Forstater v CGD Europe. An area which is also a cause for concern is the difficulties employers have in policing workplace conversations and adopting a zero tolerance approach to conversations that may cause offence to others. The sensitivities surrounding many of the reported employment tribunal cases have led to mainstream news headlines and perhaps this is one of the reasons that employees are becoming much more aware of their rights to voice their views and the potential limitations on employers to limit discussions and moderate behaviours. Conduct of employees causing offence to others is often dealt with by disciplinary action but since the Equality Act introduced religion or belief as a protected characteristic in 2003 employers have had to be mindful that any disciplinary action or other treatment does not amount to discrimination based on that individual holding that protected belief. Initially most cases focused on religion as the definition of “belief” was less clear. Speakers for this episode include Employment Partners, Rebecca Thornley-Gibson and Rustom Tata.

Employees, workers, and even job applicants are becoming more and more aware of their employment rights and how to bring a claim in the Employment Tribunals. With this, we are seeing a growing number of serial litigants, who seek employment with the primary purpose of creating disruption and subsequently lodging an Employment Tribunal claim. No organisation is immune, and even small start ups and charities can find themselves as respondents to baseless litigation. Employment Tribunals appear to be showing an increasing level of patience with litigants in person: they are very anxious not to be perceived as barring access to justice. As such, litigants in person – including serial litigants - are given significant support during the tribunal process.  Hosted by Partner and Head of Employment, Rustom Tata, with speakers Simon Bellm and Lydia Goodman joining the discussion to share their expert insights and provide practical tips for business owners and HR teams when recruiting new employees.