UK HR Two-Minute Monthly: August 2026

RECENT CASE LAW

Part-time worker discrimination – Supreme Court clarifies causation test

August saw a helpful Supreme Court decision which gives clarity on causation in part-time worker claims. The claim related to Mr Augustine, who worked as a private hire driver for Data Cars Ltd. He worked part-time and brought a claim alleging that the fee he was charged for the company's booking system was discriminatory, as all drivers were charged a flat rate of £148 per week, regardless of the number of hours they worked. Mr Augustine claimed that the application of this flat fee constituted less favourable treatment of him as a part-time worker contrary to regulation 5 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (the Regulations), on the basis that it resulted in him paying a higher fee per hour worked than his full-time colleagues. 

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EMPLOYMENT NEWS

Acas consultation on draft Code of Practice - have your say

On 30 July the government launched a consultation on a revised Acas Code of Practice on disciplinary and grievance procedures - the first update in over a decade. The draft Code is significantly longer, with a much stronger emphasis on informal resolution, mediation and facilitated conversations, and new restrictions on the use of suspension. The consultation closes on 23 September. BCLP is submitting a response and we would love to include your feedback in our response. If you would like to have your say, please contact a member of BCLP’s UK Employment Team.

Disciplinary and grievance procedures are costing UK employers billions of pounds. Will a revised Acas Code offer any solutions?

The push towards early and informal dispute resolution in the draft Acas Code is understandable, but does it reflect the reality of modern workplace challenges? Drawing on a recent Acas survey, Jackie Thomas considers whether the proposed changes would give employers the guidance they need to navigate these challenges, as well as the practical measures businesses can take now to prevent issues becoming entrenched.

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Can you hold three fingers in front of your face? AI transparency at work

Do your employees know when AI is influencing decisions about them? Paul Sands explores growing regulatory expectations around AI transparency, including new EU requirements and increased scrutiny from the ICO on employers’ use of automated decision-making.

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The New Acas Code: Opportunities for Employers in the age of AI-Generated Grievances

Faced with the impact of AI on workplace disputes, as well as the impending changes to unfair dismissal law, could the proposed changes to the Acas Code offer employers some advantages? Bradley Houlston looks at how the changes could help organisations address unwieldy AI-assisted grievances, promote the early resolution of complaints and strengthen an employer’s position when defending claims.

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Equal pay for all? Government proposes the biggest shake-up of equal pay laws in over 55 years

Could the UK’s equal pay regime be about to undergo its biggest transformation since the Equal Pay Act 1970? Paul Sands explores the Government’s proposals and what they could mean for recruitment practices, pay reporting, outsourcing arrangements, and workplace equality more broadly.

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If you have any questions about the cases discussed in this update or need guidance on upcoming changes in UK employment law, please contact a member of BCLP’s UK Employment Team.