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09 May 2025 / Ian Smith
Issue: 8115 / Categories: Features , Employment , Whistleblowing , Tribunals , Disciplinary&grievance procedures
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Employment law brief: 9 May 2025

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Feeling like challenging the rules? Ian Smith saddles up & considers some cautionary tales on less favourable treatment, whistleblowing protection for jobseekers & more
  • Part-time workers: less favourable treatment of part-time workers must be solely because of their part-time status.
  • Express vs implied terms: express terms in employment contracts should be considered and applied before implying any terms.
  • Whistleblowing laws: job applicants are not covered by whistleblowing laws, except for NHS applicants.
  • Disclosure and inspection: employment tribunals can order disclosure of information, not just documents.
  • Costs and vexatious conduct: conduct that impinges on proceedings can justify a costs order.

The most newsworthy event in the last month in employment/discrimination law was, of course, the decision of the Supreme Court in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16 on the meaning of ‘sex’ in the Equality Act 2010. This has been considered specifically elsewhere in NLJ (see ‘Equality Act 2010—“man”, “woman” & “sex” defined’, NLJ, 2 May 2025,

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
NLJ this week: Family law urged to ditch adversarial instincts
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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