Inside our 2026 IN CASE Newsletter, you will find:
NDAs in the Workplace
JAMES TOWNSEND & ELIZABETH SHAW
James Townsend, Partner and Elizabeth Shaw, Associate, share their insights on the proposed NDA reforms amidst the Government’s consultation on the misuse of NDAs in cases of workplace harassment and discrimination. The discussion highlights the balance between strengthening protections for workers and preserving the legitimate commercial role of NDAs in resolving disputes efficiently and confidentially.
When intermittent absence isn’t just sickness: Lessons from Pal v Accenture
RIANNA BILLINGTON PURVIS
Rianna Billington Purvis, Associate, reflects on a recent court ruling in Pal v Accenture, highlighting that fluctuating health conditions, such as endometriosis, can meet the Equality Act 2010’s disability definition. Employers must focus on functional impact, not just diagnosis, and consider reasonable adjustments before treating recurring absence as routine sickness.
State immunity
ROSS BEATON
Ross Beaton, Senior Associate, explores the evolving law on state immunity in employment claims, analysing Kuwait v Mohamed and the potential limits on personal injury exceptions for diplomatic mission employees.
ERA 2025 unfair dismissal reform: what is changing and how employers might prepare
CHRIS WEAVER & ELIZABETH SHAW
Chris Weaver, Partner and Elizabeth Shaw, Associate, examine two of the upcoming seminal reforms to the unfair dismissal regime: the reduction of the qualifying service to six months and the removal of the statutory compensation cap. Looking ahead, they emphasise employers’ immediate need for stronger probation processes and considerations for senior executives.
Misconduct Dismissals
PETER MCROBERTS & GEORGE CLOUGH
Peter McRoberts, Partner, and George Clough, Associate, analyse how sections 15 and 108 Equality Act 2010 make misconduct dismissals and adverse references discriminatory where linked to disability, even post-employment.
