header-logo header-logo

13 June 2025 / Ian Smith
Issue: 8120 / Categories: Features , Employment , Whistleblowing , Tribunals
printer mail-detail

Employment law brief: 13 June 2025

222357
Ian Smith chews over a bad apple, part-time status, missing appeal documents & whistleblowing detriments
  • Part-time status: must it be the sole reason?
  • A more liberal approach to missing appeal documents.
  • Whistleblowing detriment: vicarious liability for agents.
  • Equal value claims and job evaluation studies: is there a ‘bad apple’ principle?

Two Court of Appeal cases in the last month are of particular importance on very different problems in current employment law—namely the requirement of causation in part-time worker cases, and the right approach to be taken to incomplete documentation in an appeal to the Employment Appeal Tribunal (EAT), in the light of a legislative change in 2023. In the case of the latter, it should finally determine the point but, for reasons explained below, the former may not be the last word.

In addition, two EAT cases are considered here, relating to vicarious liability of agents in whistleblowing law and the position of job evaluation schemes in equal value cases.

Part-time status

Augustine

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
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 
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
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’
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’ 
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
back-to-top-scroll