Hello everyone and thank you for joining us for our April newsletter. My name is Kyle, I’m one of the solicitors here at PJH Law and I’ll be giving you a brief roundup of interesting Employment related news this month. For those of you who missed our last case of the week you can find that here. Given that it’s a big one, go have a read first as I’ll be mentioning it here too!

Steady Progress on New Employment Rights Bill in Parliament

The Employment Rights Bill, introduced in October 2024, is progressing through Parliament and proposes significant reforms to UK employment law. Key provisions include banning zero-hours contracts, ending ‘fire-and-rehire’ practices, and granting employees protection against unfair dismissal from day one of employment. While some of these are likely to be watered down or amended before it gets passed, we are seeing some reactions to the consultations which have taken place over the previous months.

The bill also aims to enhance protections against workplace harassment. While the bill has garnered support from trade unions and the public, some businesses express concerns over potential increased costs and operational challenges.

 

What is a Woman?

In the landmark case For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, the UK Supreme Court addressed whether the term “woman” under the Equality Act 2010 includes transgender women holding a Gender Recognition Certificate (GRC). The case centered on the Gender Representation on Public Boards (Scotland) Act 2018, which aimed for 50% female representation on public boards and included trans women with GRCs in this quota. For Women Scotland, a gender-critical advocacy group, challenged this inclusion, arguing it conflated the distinct protected characteristics of sex and gender reassignment under the Equality Act. While the Scottish Court of Session initially upheld the government’s guidance, the Supreme Court reversed this decision, ruling that “sex” in the Equality Act refers strictly to biological sex.

The Supreme Court’s unanimous decision emphasized that interpreting “woman” to include trans women with GRCs would create legal inconsistencies and undermine protections based on biological sex, such as those related to pregnancy, maternity, single-sex spaces, and sport. The Court clarified that sex and gender reassignment are separate protected characteristics under the Equality Act. Despite affirming protections against discrimination for trans individuals, the Court concluded that appointing a trans woman with a GRC does not fulfil statutory requirements for the representation of women under the 2018 Act.

 

Not Nice NICs

This month saw employers face higher National Insurance Contributions (NICs). Effective from 6 April, the rate has increased from 13.8% to 15%, and the threshold at which employers start paying NICs has been lowered from £9,100 to £5,000 annually. It is also worth mentioning that the Employer’s Allowance has also been increased to £10,500, which is designed to give some relief to smaller employers.

These changes, part of the government’s efforts to boost public finances, are expected to increase staffing costs for employers, particularly impacting sectors with large workforces. While there has been a lot of media attention on this point and a lot of concern from employers, we will have to see how this impacts the job market moving forward and what impact it has on pay rises for those employees earning more than the minimum wage.

 

Won’t Someone Think of the Children? – Neonatal Care (Leave and Pay) Act

 

From 6 April 2025, eligible employees are now entitled to statutory neonatal care leave. This provision allows parents of babies requiring neonatal care to take up to 12 weeks of leave, in addition to existing parental leave rights.

The leave is a day-one right, while statutory pay during this period requires 26 weeks of continuous service and earnings above the lower earnings limit. Employers are advised to update their family leave policies to accommodate this new entitlement.

 

Strike Action – Bin Bag Rubbish Mountains in Birmingham   

The Birmingham bin strike, for those unaware, has been ongoing since March, involves over 350 Unite union members protesting Birmingham City Council’s decision to eliminate the Waste Recycling and Collection Officer (WRCO) role. The union contends this change would result in pay cuts of up to £8,000 for approximately 150 workers and reduce bin lorry crews from four to three members. The council argues the WRCO role is outdated and its removal aligns with national practices, offering affected employees alternative positions, driver training, or voluntary redundancy. Despite negotiations, including involvement from ACAS, the dispute remains unresolved, with workers rejecting the latest offer by a 97% majority.

The strike has led to significant public health concerns, with nearly 19,000 tonnes of uncollected waste accumulating across Birmingham. Residents report increased rat infestations and sanitation issues, particularly in lower-income areas like Sparkhill and Ladywood, highlighting existing socioeconomic disparities. The crisis has attracted international media attention, casting a spotlight on Birmingham’s financial challenges following its effective bankruptcy declaration in 2023. While the council has declared a major incident and sought assistance from other local authorities and military planners, a resolution to the strike has yet to be achieved and does not appear to be on the cards for the near future.

 

Lighter Side of the News – NHS Manager Makes Video Call Blunder

Those of us lucky enough to have jobs where remote working is possible have all had the experience of something happening in the background. A family member comes in. The cat jumps up on your desk in the middle of a call. You attend a Court hearing appearing as a Cat. Sometimes there is something embarrassing in the background – like that BBC interview with the adult toy on a shelf in the background!

This month saw an NHS manager making a similar blunder, as we all do… by joining a call with his display of Nazi memorabilia in the background! I’m sure we’ve all been there… This wasn’t even an ill placed copy of Mein Kampf, however, as a screenshot of the call shows an armband (yes, that one) and a framed picture of the fascist leader. While the display raises concerns about the appropriateness of these items in a professional setting, the worker who reported it has also faced backlash.

So, if you spot a swastika on a Zoom call, you can know that that’s a dismissible offense – for you, apparently.