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Employment Law Case Decisions 

Recent cases

Compensation for future loss

In Davidson v National Express [2025] the Employment Appeal Tribunal (EAT) overturned an Employment Tribunal (ET) decision to award a 63-year-old female coach driver unfairly dismissed compensation for future loss only up to age 65.  The appellant had hoped to work until 70 (health permitting) and was in a lower paid job so the many variables had not been considered when assessing future loss. The case was referred back to the ET to reconsider levels of compensation again.
Davidson v National Express Ltd (UNFAIR DISMISSAL) [2025] EAT 151 (21 October 2025)

 

Delay in providing written feedback to black employer not because of race 

In London Ambulance Service NHS Trust v Sodola (Debarred), the EAT has held that an employment tribunal erred by inferring that the Trust’s delay in providing written feedback about why a black employee had not been promoted was discrimination on grounds of race.

London Ambulance Service NHS Trust v Sodola (Race Discrimination) [2026] EAT 6 (09 January 2026)

Barrister's chambers did not discriminate against barrister's protected gender critical belief

In Bailey v Stonewall Equality Ltd and ors, the Court of Appeal has held that an employment tribunal did not err in rejecting a claim by a barrister that Stonewall, an LGBT campaign charity, caused or induced her chambers to discriminate against her on the ground of her protected ‘gender critical’ belief when it made a complaint about her to her chambers.

Bailey v Stonewall Equality Ltd & Ors [2025] EWCA Civ 1662 (18 December 2025)

Coastal Rescue Volunteers Classified as ‘Workers’ During Remunerated Duties

In Maritime and Coastguard Agency v Groom, the Court of Appeal has upheld the EAT’s decision that volunteer coastguard rescue officers were ‘workers’ within the meaning of S.230(3)(b) of the Employment Rights Act 1996 each time they attended activities in respect of which they were entitled to remuneration. 


Maritime and Coastguard Agency v Groom [2026] EWCA Civ 6 (14 January 2026)

 

State immunity did not apply

In the case of Royal Embassy of Saudi Arabia (Cultural Bureau) v Alhayali, the Court of Appeal held that an Employment Tribunal was entitled to find that state immunity under the State Immunity Act 1978 (SIA) did not apply to employment tribunal claims brought by an employee who worked in the academic and cultural affairs departments of the Saudi Arabian Embassy. 

Royal Embassy of Saudi Arabia (Cultural Bureau) v Alhayali [2025] EWCA Civ 1162 (11 September 2025)

Contractor not a worker or employee in this case

In the case of Partnership of East London Co-operatives Ltd v Maclean, the EAT has held that an employment tribunal erred in finding that a contractor working through a personal service company was a worker and employee of the end user. 

Partnership of East London Co-Operatives Ltd v Maclean (EMPLOYEE, WORKER OR SELF-EMPLOYED) [2025] EAT 142 (07 October 2025)

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