Sighing, CNN & hybrid working: A deep dive into current Employment Law cases

In this episode of The Employment Law Pod, Partners Andrew Whiteaker and Helen Goss dissect a series of recent and thought-provoking employment law developments: 

Sighing as Discrimination?
They begin with the case of Watson v Roke Manor Research, where a manager’s non-verbal expressions such as sighing, eye-rolling, and huffing were deemed discriminatory toward an employee with ADHD. The discussion explores how microaggressions and unconscious bias can contribute to a hostile work environment, and why employers must take reasonable adjustments seriously. 

CNN and Cross-Border Employment Rights
Next, Helen breaks down CNN v Bhatti, a case involving a British journalist injured abroad who challenged CNN's attempt to block her UK tribunal claims. Despite a US-governed contract and overseas assignments, the courts found a strong enough UK connection for the case to proceed, offering a valuable reminder about jurisdictional reach in employment law. 

Hybrid Working: A Growing Flashpoint
Andy revisits the ever-evolving topic of hybrid working, focusing on HSBC's directive tying office attendance to performance reviews and bonuses. They examine trends across major employers (Barclays, Santander, PwC) and discuss the potential impact on employee satisfaction and retention, particularly when workers moved during the pandemic. 

A Garden, a Meeting, and a Tribunal
Finally, they cover a quirky but relevant tribunal case where an employee’s refusal to attend a face-to-face mediation, opting instead to supervise gardeners at home while joining via Teams, was cited by the employer as blameworthy conduct. The tribunal disagreed, underscoring ongoing tensions around remote vs. in-person expectations.