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Whistleblowing, alternative employment in a medical incapability case, and the liability of employees in a discrimination case: this is the trio of topics covered in this week’s ‘Employment law brief’

Work-from-home claims are on the rise, & practitioners need to prepare for the fallout, say Rachel Crasnow KC & Imogen Brown

Flexible working features in an increasing number of employment law claims, write Rachel Crasnow KC and Imogen Brown, of Cloisters Chambers, in this week’s NLJ

Complaints about discrimination in relation to any protected characteristic should lead to robust investigations, not heresy hunts, say Maya Forstater & Anya Palmer
Clare Fletcher looks into the Tesco ‘retained pay’ case & ponders how Labour in government might treat the issue

What are the potential implications of the Tesco ‘retained pay’ case, and, post-election, how might a potential Labour government overhaul the law surrounding fire and rehire?

Where does the Supreme Court’s decision in Mercer leave us in terms of the law on union-related detriment? Charles Pigott reports
The government is seeking to resurrect tribunal fees, posing serious questions about access to justice. The benefits are unclear, writes Catrina Smith

Government proposals to resurrect employment tribunal fees—albeit at a modest rate compared to last time—could spectacularly backfire, ending in a second ‘unlawful’ ruling

Ian Smith contemplates three recent cases that show lacunae in the law, each posing an interesting conundrum
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MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Wedlake Bell—Rebecca Christie

Wedlake Bell—Rebecca Christie

Firm welcomes partner with specialist expertise in family and art law

Birketts—Álvaro Aznar

Birketts—Álvaro Aznar

Dual-qualified partner joins international private client team

NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

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