Publications & Resources
Articles, case analysis, podcasts and resources on employment law, commercial disputes and civil litigation — written for practitioners and lay clients alike.
The EAT's February 2026 decision that keeping BAME cleaners on lower pay post-TUPE transfer amounted to indirect race discrimination raises fundamental questions about transferee obligations.
The EAT's February 2026 decision in the GOSH cleaning staff case holds that keeping transferring employees on lower pay than existing staff can amount to indirect race discrimination — even where TUPE technically prevents harmonisation.
Two significant EAT decisions in 2025 have sharpened the boundaries of the 'organised grouping of employees' test for service provision changes under TUPE, with important consequences for outsourcing and insourcing transactions.
A detailed analysis of the EAT's January 2026 decision on reasonable adjustments and redeployment, examining the limits of the employer's duty and the evidential requirements for defending such claims.
The EAT's January 2026 decision in Chowdhury v Network Rail Infrastructure clarifies when an employer can decline to redeploy a disabled employee without breaching the duty to make reasonable adjustments.
In this episode, Christopher Mallon BL discusses the duty to make reasonable adjustments under the Equality Act 2010, what it means in practice, and the most common mistakes made by employers and employees alike.
Following a series of high-profile cases, the boundaries of protected philosophical belief under the Equality Act 2010 continue to be tested. This article examines the current state of the law and what practitioners and employers need to know.
Christopher Mallon BL explains the current state of holiday pay law following the Supreme Court's Agnew decision, the threat to the two-year cap, and what workers and employers should be doing right now.
An Employment Tribunal has held that the two-year limit on unlawful deduction claims for holiday pay is itself unlawful. Combined with the Supreme Court's Agnew decision, employers face significantly increased exposure to historic holiday pay claims.
A practical guide for employees who believe they have suffered discrimination because of a philosophical belief, covering what beliefs are protected, what treatment is unlawful, and how to bring a claim.
A review of recent Employment Tribunal and EAT decisions on the last straw doctrine in constructive dismissal cases, examining what conduct has and has not been found to cross the threshold of fundamental breach.
Recent EAT decisions have reinforced the strict requirements for establishing constructive dismissal, clarifying when an employer's conduct crosses the threshold of a fundamental breach of the implied term of mutual trust and confidence.
Christopher Mallon BL demystifies TUPE, explaining when it applies, what it means for employees' rights, and the most common pitfalls in outsourcing and business sale transactions.
A practical guide to the evidence you need to bring a successful constructive dismissal claim, covering what documents to gather, how to record incidents, and the key questions a tribunal will ask.
The EAT's 2025 decision confirms that agency workers can fall within the TUPE service provision change provisions, with significant implications for businesses that switch staffing agencies.
Christopher Mallon BL examines how the law on philosophical belief discrimination has evolved following the For Women Scotland Supreme Court decision and the Forstater line of cases, and what this means for employers and employees.
Christopher Mallon BL discusses the key questions employees must ask before resigning and claiming constructive dismissal, including the risks, the evidence needed, and the steps to take to protect your position.
Christopher Mallon BL explains what direct access means, how the process works, what clients can expect, and how to get the most out of instructing a barrister directly without a solicitor.
The Supreme Court's landmark April 2025 ruling that 'woman' in the Equality Act 2010 means biological woman has profound implications for how employers manage competing rights between trans employees and those with gender-critical beliefs.
A practical checklist for employers to assess whether they have complied with the duty to make reasonable adjustments under the Equality Act 2010, covering the key steps from identifying the disability to implementing and reviewing adjustments.
An Employment Tribunal has held the two-year limit on unlawful deduction claims is ultra vires. This analysis examines the reasoning, the likely appeal, and what employers should do now.
A practical guide to the Employment Tribunal process from initial claim to final hearing, covering key stages, time limits, and what to expect at each step.
A practical guide to calculating holiday pay correctly following the January 2024 regulatory changes, covering what must be included, how to calculate the 52-week reference period, and the most common errors.
A plain-English guide for employees explaining what TUPE means for them, what rights they have when their employment transfers, and what to do if they believe their rights have been breached.
A detailed analysis of Bell v Scotts Electrical Services Limited & Pronto Engineering Group Limited, a 2025 Industrial Tribunal decision in which Christopher Mallon BL successfully argued that a software engineer's employment transferred via a service provision change under TUPE, securing an award of £31,962.46 for automatic unfair dismissal.
Christopher accepts direct access instructions from individuals and businesses. Get in touch to discuss your matter.
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