We reflect on the key decisions from last year and look forward to the case law trends likely to emerge in 2023. These include cases on: gender identity, holiday pay, coronavirus-related health and safety cases, industrial action, and dismissal and re-engagement.
The language of the Equality Act 2010 around gender reassignment discrimination can now seem outdated and raises questions over exactly who the Act covers. XpertHR senior employment law editor Susie Munro looks at the extent of the protection provided to employees who identify as non-binary or gender fluid.
Joanne Lockwood, transgender awareness specialist, shares her experience as a transgender woman in the workplace and explores how organisations can cultivate transgender inclusive practices.
In Forstater v CGD Europe and others, the Employment Appeal Tribunal held that the consultant's belief that sex is biologically immutable amounts to a philosophical belief within the meaning of the Equality Act 2010.
In Taylor v Jaguar Land Rover Ltd, an employment tribunal held that the definition of gender reassignment in s.7 of the Equality Act 2010 covers employees who identify as non-binary or gender fluid.