What can we learn from Employment law cases in 2025?

Is cancer automatically considered a disability and can an employer cover an employee’s period of absence permanently?

In Wainwright v Cennox Plc an employee was diagnosied with breast cancer and took a period of sick leave. A colleague was appointed to temporarily cover the employee’s position in her absence. When the temporary cover threatened to leave she was offered the cover role as a permanent position. On their return from sick leave the employee with breast cancer raised a grievance which was not upheld and went on to win her claim for disability discrimination and constructive, unfair dismissal. She was awarded over £1.2M. This case highlights the importance of only making temporary changes when covering the role of an employee who is off sick. As with employees on maternity leave it is best practice to keep in touch with employees who are off sick, especially regarding any proposed restructures. 

When does travel time count as working time?

In HMRC v Taylors Service Limited employees were required to travel to each assignment on the employer’s transportation to farms around the country. Journeys could last up to 8 hours a day, on top of time spent performing their duties. Should this travel time count as working time and attract the National Minimum Wage (NMW)? The Court of Appeal found that this travel time was NOT working time because it was not time when the worker would otherwise be working’, such as travelling between assignments at different places or because the worker’s hours of work vary’. 

Is office banter of a sexual nature considered sexual harassment even when not directed at an individual employee?

In Davies v White Dove Garages Limited and employee was found to be sexually harassed given he had to listen to banter of a sexual nature while working in an office. Evidence included discussion about sexual activities and derogatory comments towards women, that while not intended to offend, did have the effect of violating the claimant’s dignity and created an offensive environment for him. Employers already have a proactive duty to prevent sexual harassment and as of October 2026 this will extend to a duty to take ‘all reasonable steps to prevent sexual harrassment’ in the workplace.

Should a security officer who fell asleep during a night shift be dismissed?
A security officer who fell asleep for 15 minutes on his 6th night shift in a row was found to have been unfairly dismissed in Okoro v Bidvest Noonan UK Limited. As with all disciplinary action, the outcome should be ‘within a range of reasonable responses’. In this case given that the employee had a clean disciplinary record and long service, a final written warning would have been more appropriate. It is best practice to step away from the situation and discuss the facts of the disciplinary with us before deciding on a disciplinary outcome to ensure it is fair and reasonable in all the circumstances. 

Categorised in: Employment law, News

This post was written by SKHR