Kokomane v Boots Management Services Ltd: Actions an Employee Can Take Without Fear of Retaliation or Victimisation

In Kokomane v Boots Management Services Ltd, the Employment Appeal Tribunal (EAT) has emphasised the need for a contextual approach when assessing whether an employee has executed a “protected act” for the purposes of a victimisation claim under the Equality Act 2010. We examine victimisation and “protected acts”, and how to avoid accusations of discrimination when dealing with grievances.

The case

Ms Kokomane raised an initial grievance after being accused of shouting in the workplace, alleging she was being treated differently to colleagues. She later raised a second grievance, complaining that her first grievance had not been acted on and alleging she had been bullied. Neither grievance explicitly alleged race discrimination. However, during the grievance process, the Claimant mentioned that negative stereotypes about black women and shouting may have influenced how she was treated. Ms Kokomane brought a claim of victimisation against Boots Management Services, alleging her grievances were “protected acts” under the Equality Act 2010.

The Employment Tribunal initially rejected the claim, concluding that her grievances did not amount to “protected acts” because they lacked a direct reference to race discrimination.

On appeal, the EAT disagreed and ruled that:

• A complaint need not explicitly reference discrimination to qualify as a “protected act”.
• Tribunals must consider the full context – including what the employer knew at the time.
• The test is: what would the employer reasonably have understood the complaint to mean, in light of the circumstances?

In this particular case, Boots Management Services knew Ms Kokomane was the only black employee and had raised concerns about racialised perceptions during the grievance process.

Practical tips for employers

This decision is a reminder to employers of the importance of recognising and responding appropriately to potential discrimination complaints – even if they are not framed in legal language.

Here’s how employers can reduce the risk of victimisation claims:

• Train managers and HR to spot potential “protected acts” : a grievance or complaint doesn’t need to use the word “discrimination” to trigger legal protection. Staff should be alert to concerns that could relate to protected characteristics.

• Take all grievances seriously and act promptly: failing to act on a grievance – even if it seems vague – can form the basis of a victimisation claim. Ensure there is a consistent, documented process for handling all complaints.

• Avoid treating complainants unfavourably: decisions taken shortly after a grievance – such as disciplinary action or exclusion from opportunities – will be closely scrutinised.

• Keep context in mind: consider what a complaint might reasonably mean, not just what is written. This includes understanding the workplace dynamics and employee relationships.

• Review grievance outcomes and communications carefully: language matters. Be sensitive in how findings are communicated and avoid dismissive or minimising language that might deter future disclosures.

Final thoughts

The Kokomane v Boots Management Services underlines that the threshold for what qualifies as a “protected act” is not as high as some employers might assume. A failure to recognise this can expose businesses to costly and reputationally damaging claims.

If you are unsure whether a complaint might engage legal obligations under the Equality Act 2010, contact our Employment team.

Key contacts: Jenny Wilde

Juliete Franklin

Yesterday’s immigration white paper from the UK government sets out significant reforms aimed at reducing net migration and encouraging the development of a domestic workforce. While these measures seek long-term sustainability, they present immediate and profound challenges for the care sector, which has historically relied on overseas workers to fill critical roles. In this article, we examine the immigration white paper’s implications for the care sector.

1. Closure of overseas recruitment routes

Among today’s potentially most problematic announcements for social care is the government’s plan to phase out overseas recruitment for care workers by 2028, despite well-documented staffing shortages in the sector.

Since 2020, the Health and Care Worker visa has facilitated recruitment of qualified healthcare professionals, including doctors, nurses, and social care workers, to address workforce gaps in the UK’s health and social care sectors.

Instead, the government hopes to stimulate home-grown applications with the promise of a fair pay agreement, aiming to establish legally binding minimum standards for pay, terms, and conditions across the industry. The Employment Rights Bill establishes the Adult Social Care Negotiating Body to achieve agreements that will be enforced by the Fair Work Agency.

2. Stricter visa requirements

• English language proficiency: Adult dependents of foreign care workers will be required to pass English tests for visa extensions and settlement.
• Settlement residency period: The qualifying period for settlement in the UK will rise from five to ten years.

3. Increased employer responsibilities

• Sponsorship compliance: Employers failing to demonstrate efforts to hire UK-based staff may lose the right to sponsor overseas workers.
• Immigration skills charge: A 32% increase in this charge will apply to employers hiring skilled migrant workers.
  

Juliette Franklin, legal director at Acuity Law, said: “These restrictions risk worsening the staffing crisis in the care sector by limiting access to overseas talent, which has been essential in maintaining service levels.

“We anticipate that more and more care businesses risk falling foul of the new regime as they try to keep meeting the needs of their vulnerable patients.”

Jenny Wilde, social care regulatory partner at Acuity Law, added: “In an already challenging environment for care home operators, exacerbated by chaos at the regulator level in England, business owners and managers will not welcome reform that makes operations more difficult.”

Legal support needs for care businesses

To respond effectively to these changes, care businesses will increasingly require expert legal support in the following areas:

• Visa and immigration compliance
  Navigating more complex visa rules and meeting Home Office requirements for sponsorship and documentation.
• Employment law
  Revising contracts and policies to reflect new immigration terms, including settlement pathways and language requirements.
• Workforce planning
  Strategically adapting recruitment models to focus on domestic hiring, apprenticeships, and upskilling initiatives, while remaining compliant with employment law.
• Risk management
  Anticipating enforcement risks and preparing internal policies to avoid sanctions, financial penalties, or loss of sponsorship licenses.

At Acuity Law, we are here to help you navigate the changing immigration and social care landscape. Reach out to our Employment or Regulatory teams for confidential, bespoke advice on staying compliant amid workforce challenges.

A Closer Look for Employers

Author: Emily John

Key contact: Chris Aldridge

The Employment Rights Bill, introduced by the government and currently making its way through the legislative process, has revised its proposed changes to redundancy procedure. Employers need to be aware of these changes, which aim to clarify consultation obligations while increasing accountability for compliance. Below is a summary of the main changes for employers contained in the Employment Rights Bill’s Revised Redundancy Procedures.

Redundancy thresholds and the “establishment” test

Previously, employers were required to engage in statutory consultation if they proposed to dismiss 20 or more employees at a single establishment within a 90-day rolling period. An earlier version of the Bill sought to remove the “establishment” requirement, meaning dismissals of 20 or more staff across an entire organisation would trigger consultation obligations, regardless of where the redundancies occurred.

This raised concerns among employers – particularly those operating across multiple sites – about tracking unrelated redundancies and managing compliance across geographically dispersed teams. The amended Bill has reinstated the requirement for the 20 redundancies to occur at a single establishment. However, it also signals the potential for future rules requiring consultation based on total redundancies across an organisation, even if the threshold is not met at any single location.

Flexible consultation requirements

Under current law, once collective consultation is triggered, employers must consult with employee representatives “with a view to reaching agreement”. The revised Bill allows greater flexibility in how these consultations are conducted. Employers will no longer need to consult all representatives together or seek a uniform agreement across groups.

This change is intended to streamline processes, especially where localised or unrelated redundancies are taking place across different areas of the business.

Changes to the HR1 notification period

Where 100 or more employees are at risk of redundancy, employers are already required to begin consultations at least 45 days before the first dismissal. Until now, however, the HR1 Form – which notifies the government of the proposed redundancies – only needed to be submitted 30 days in advance.

The amended Bill aligns this with the consultation period, requiring employers to file the HR1 Form at least 45 days before the first dismissal occurs.

Increased protective awards for non-compliance

A significant change introduced by the amended Bill is the doubling of the maximum protective award. Previously capped at 90 days’ pay per affected employee, the maximum has now increased to 180 days.

This is intended to act as a strong deterrent against non-compliance with consultation requirements. However, it’s worth noting that many such awards are made against insolvent employers, who may be unable to pay the penalties regardless of their size.

These changes bring both clarity and stricter enforcement to redundancy consultation obligations. Employers should review their redundancy procedures to ensure they align with the amended requirements.

If you need to seek any further advice regarding the Employment Rights Bill’s Revised Redundancy Procedures, please contact a member of our Employment team.

What the UK’s Consumer Law Reform Means for Your Business and Your Consumer Strategy

Author: Sam Honey

Key Contact: Declan Goodwin

We take an in-depth look at how the Competition and Markets Authority (CMA) is expected to exercise its new enforcement powers under the Digital Markets Competition and Consumers Act 2024.

2025: A new era in consumer protection

From 6^th April 2025, the Digital Markets, Competition and Consumers Act 2024 (DMCCA) ushers in one of the most significant changes to UK consumer protection law in over a decade. Businesses across all sectors – particularly those operating online or selling directly to consumers – must be ready to navigate this new regulatory landscape.

The DMCCA substantially enhances the enforcement powers of the CMA, allowing it to impose fines of up to 10% of global turnover for breaches of consumer protection law. Crucially, the CMA can now exercise these powers without recourse to the courts, dramatically increasing the likelihood of regulatory intervention.

New powers, clearer priorities

The CMA has made no secret of where it plans to look first. In its Annual Plan for 2025 to 2026, it has highlighted its focus areas for early enforcement. These focus on the most egregious harms, including:

• Aggressive sales tactics, especially those that target vulnerable consumers in high-cost or essential sectors;
• Objectively false or misleading information provided to consumers; and
• Clearly unfair or imbalanced contract terms.

The CMA’s recent and ongoing investigation into Ticketmaster’s sale of Oasis Live ’25 concert tickets exemplifies this shift in approach. The regulator is actively challenging pricing practices and transparency failures that may have misled consumers.

Key compliance areas: hidden fees, omissions and fake reviews

The revised legislation addresses a number of problematic practices, with immediate implications for businesses:

• Hidden fees: the CMA is taking aim at hidden fees revealed late in the purchasing process. Clear, upfront disclosure of total prices is now essential.
• Omissions: information must be timely, prominent and understandable. Gone are the days of hiding critical details (such as pricing or contractual terms) in the small print or behind multiple clicks. The CMA may now consider this practice a breach.
• Fake reviews: new rules impose proactive duties on businesses to prevent, detect and remove fake or misleading consumer reviews, including the implementation of internal policies and systems.

Subscription traps and vulnerability

Looking ahead to 2026, businesses offering subscription services may need to radically rethink their sign-up and cancellation processes. The DMCCA mandates easy cancellation and clearer upfront disclosures. Meanwhile, the guidance on vulnerability now considers a broader range of life situations – meaning your marketing practices may need to be tailored to more than just your “average consumer”.

Building compliance into business strategy

Where once consumer protection may have been considered a secondary legal issue, the DMCCA compels businesses to prioritise compliance in both their operational and customer-facing practices. The CMA now has powers to:

• Demand documents and data, with penalties for non-cooperation;
• Impose interface notices requiring changes to website or app design;
• Penalise misleading pricing, even where consumer behaviour isn’t demonstrably affected.

These developments reflect a clear intention to ensure consumer protection law is actively enforced, not passively encouraged.

A proactive approach is essential

To prepare for the new regime, businesses should:

• Audit their commercial practices to identify areas of legal risk;
• Review how pricing, reviews, and product information are presented to consumers;
• Ensure contracts and consumer terms are balanced and transparent;
• Implement processes to manage fake reviews and monitor online choice architecture; and
• Review the CMA’s guidance.

If you have any questions, or would like to ensure your company is compliant with the DMCCA, please contact our Commercial and Technology Team.

Beyond the Bottom Line: Reflections on the First Few Weeks

Key contacts: Beverley Jones (corporate advice) and Jenny Wilde (regulatory advice)

The Health and Social Care (Wales) Act 2025, which received Royal Assent on March 24, 2025, reflects a comprehensive effort on the part of Welsh Government to reform health and social care services in Wales. The Act introduced a framework for non-profit provision in children’s social care services and signposted a more general move towards enhancing autonomy for individuals requiring care.

How does the Act change the provision of children’s social care services?

A key provision of the Act is the phased elimination of private profit from the care of looked-after children. By 2030, only public sector, charitable, or not-for-profit organisations will be permitted to provide fostering, children’s home, or secure accommodation services for children in Wales. This transition aims to ensure that funds generated through the provision of children’s care services are reinvested into children’s welfare rather than distributed as profits to shareholders.

When will the Act be implemented?

The key milestone dates for the implementation of this new legislation are:

1 April 2026: new providers registering with Care Inspectorate Wales (CIW) to provide children’s care home (either wholly or mainly to children), fostering and secure accommodation services (collectively “restricted children’s services”), must be a not-for-profit entity.

1 April 2027: existing for-profit providers will face transitional restrictions unless they re-establish their business as a not-for-profit model.

Restrictions will apply to:

•  registering new homes and adding additional beds to existing services; and
• the ability of local authorities in Wales to place children with a for-profit provider without approval from Welsh Ministers. 

1 April 2030: no new placements of children from Welsh placing authorities with for-profit providers unless approved by a supplementary placement process.  English placing authorities are only able to place children in existing for-profit children’s services in exceptional circumstances.

What is a not-for-profit entity?

For the purposes of the Act, a not-for-profit entity is one of the following:

1. a charitable company limited by guarantee, without a share capital;
2. a charitable incorporated organisation;
3. a charitable registered society; or
4. a community interest company limited by guarantee without a share capital.

How does a for-profit provider continue to provide restricted children’s services?

The Act does not provide any particulars, or even certainty, on a process for private providers to apply to be considered as a continuing provider.  The legislation is likely to be bolstered by related regulations and guidance that should clarify a pathway. Until then, there are no assurances that this will be straightforward. 

What will be the regulatory impact of changes to the provision of children’s social care services?

From 1 April 2027, CIW will have significant work to do (in addition to its existing registration and compliance work) to monitor how existing providers are transitioning into not-for–profit models. There will be increased scrutiny of corporate structures and financials, as well as more detailed reviews of the individuals behind the structure.

The regulator will be forced to divert from its typical work and this is bound to have a significant impact on all registered providers. We would expect a project of this magnitude to require a major shift in focus towards children’s services generally, which could have a knock-on effect for the adult social care arm of CIW.

What organisational and commercial impact will result?

Providers themselves are going to have to think carefully about how they are structured if they wish to continue to deliver children’s services in Wales. Most will wish to seek advice from solicitors and accountants, likely at significant cost, which could have been invested in the service itself.

The reasons behind these changes are clearly well meaning. However, it’s important not to lose sight of the fact that there are some clear risks in closing the door to for-profit service providers, not least because there remains a big question-mark (particularly in an environment where costs are ever increasing) over the ability of local authorities, charities and the not-for-profit sector to deliver the services that are so desperately needed.

Even in the current environment, which allows both for-profit and not-for-profit service providers to co-exist in the sector, there is already insufficient service provision, not just in Wales but in the UK as a whole. The existence of for-profit providers operating in the sector is not the cause of that, and it is difficult to see how excluding them from future service provision is going to fix it. 

Some commercial drivers are necessary to encourage new providers into the sector and to incentivise existing providers to expand their existing service provision beyond what is currently available. Investment requires capital, and that capital inevitably comes at a cost. If future investment can only be sourced by service providers in the form of lending, we risk exacerbating the problem of uneven distribution of wealth in our society. Those who can afford to deploy capital by advancing loans to service providers will be able to make a return (profit) on their investment, while owner-managers who pour their heart and soul into service delivery won’t reap the same rewards for their (often very considerable) efforts.

With so much uncertainty in the sector already, there is a real risk that this policy shift will cause providers to put any plans for growth on hold, which will only serve to exacerbate and compound the lack of sufficient service provision.

Are there other changes introduced by the Act?

So much attention has been drawn to changes made to the provision of children’s care services that some of the other changes introduced by the Act have been somewhat overshadowed.

Notably, the Act also facilitates the introduction of direct payments within continuing NHS healthcare. These payments grant individuals with disabilities and those with long-term health conditions greater control over their care arrangements and affords them the same rights to the payments as their peers who access social care.

Rhian Davies, CEO of Disability Wales, said:

“This new law will enable continuing healthcare recipients to make their own decisions regarding how and by whom their personal support is provided. It marks a significant milestone in progressing the right to independent living for all disabled people in Wales”.

Additionally, the Act:

• extends mandatory reporting requirements for children and adults at risk (to ensure that all relevant professionals are aware of their duty to report and to facilitate timely interventions to protect vulnerable individuals);
• amends the regulation of service providers (to strengthen the existing framework),
• attempts to strengthen the social care workforce by broadening the definition of a social care worker to encompass childcare and play workers (thus ensuring they have the necessary skills and knowledge to protect vulnerable individuals).

Final thoughts

The Health and Social Care (Wales) Act 2025 marks a significant policy shift, particularly in its ambition to remove private profit from children’s social care. While the intent to reinvest resources directly into children’s welfare is commendable, the path forward is far from simple. Without clear, practical guidance and adequate support for providers and regulators alike, there is a real risk that the sector could face reduced capacity at a time when demand continues to grow. This would ultimately be to the detriment of the vulnerable children that this legislation was designed to protect.

The transition away from for-profit provision may inadvertently limit investment and innovation, especially if not-for-profit providers struggle to absorb the increased demand or secure necessary funding. The lack of clarity around the supplementary placement process and the additional regulatory burdens could compound these challenges.

If the ambition of the Act is to succeed, it must be accompanied by thoughtful implementation, meaningful consultation with all stakeholders, and a realistic understanding of the financial and operational pressures and economic headwinds that providers already face. Without this, we risk undermining the very outcomes the legislation seeks to improve.

For advice on preparing for the implementation of the Health and Social Care (Wales) Act 2025, including on restructuring your business model, contact our Health & Social Care team.

Promise and Pitfalls

Key contact: Jon Lawley

The Welsh Government has launched a consultation around its proposed reform of NHS General Dental Services. This envisages a significant shift in the way general dental care is delivered and managed in Wales. Aimed at improving access, quality, and sustainability, the consultation outlines several structural changes. We take a look at the potential impact of NHS Dental Services Reform in Wales.

While the vision for a more patient-centred and preventative model is commendable, the potential impact on NHS dentistry in Wales is complex, with both opportunities and risks.

Positive Impacts

1. One of the most promising aspects of the reform is its emphasis on quality over quantity. Moving away from the long-criticised Units of Dental Activity (UDA) model, the proposed changes encourage a more holistic and preventive approach to care. This could lead to better long-term oral health outcomes, particularly for underserved communities and high-needs patients.

2. Improved leave policies, including better parental and sickness leave arrangements, signal a more supportive working environment for dental professionals, with the aim being to enhance job satisfaction and improve staff retention at a time when the profession is under considerable pressure. While critics will point to the fact that the proposed changes were implemented in England 8 years ago, it does at least bring Wales in line with what is offered over the border.

3. The focus on developing “clusters” of dental practices – encouraging collaboration and shared resources – could also drive innovation and resilience in service delivery. These networks have the potential to reduce duplication, improve efficiency, and foster stronger local planning tailored to community needs.

Concerns

Despite these positives, significant concerns remain about the feasibility and timing of implementation.

1. Dental professionals are especially critical of the financial model underpinning the reforms. Many practices face the risk of financial penalties under new performance-based targets, which are seen as untested and potentially punitive. Coupled with perceived lack of ‘ownership’ over patient lists through the creation of the Dental Access Portal, this uncertainty could prompt some providers to scale back NHS commitments or leave the public system altogether – exacerbating the existing access crisis.

2. The consultation follows hot on the heels of the Welsh Government’s recent 6% uplift in funding tied to mandatory reform measures which was viewed by many as inadequate, especially when compared to the 11% increase granted to GPs. Without more substantial financial investment, there is a risk that the proposed contract reform will be seen as cost-cutting in disguise, rather than genuine improvements.

Conclusion

The Welsh Government’s proposals offer a welcome attempt at transforming NHS dentistry into a more patient-focused and sustainable service. However, the practical impact of these reforms will depend heavily on how they are implemented and funded. If concerns from dental professionals go unaddressed, there is a real danger that the reforms may deepen existing problems rather than resolve them.

Constructive dialogue, transparent evaluation, and adaptive policy mechanisms will be essential to ensure these changes lead to lasting, positive outcomes for both patients and providers.

The consultation runs until 19 June 2025 – if you are a general dental professional in Wales be sure to have your say here.

For advice in connection with the impact NHS Dental Services Reform in Wales, or with support in buying or selling a dental practice, contact our Corporate Healthcare team.