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Employment law brief: 8 August 2025

08 August 2025 / Ian Smith
Issue: 8128 / Categories: Features , Employment , Tribunals
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Before heading to his beach hut, Ian Smith takes a whirlwind tour through cases dealing with time travel, judicial recusal & long term temps
  • The Court of Appeal in Lutz v Ryanair DAC confirmed that long-term arrangements (eg five years) can still be considered ‘temporary’ under the Agency Workers Regulations 2010, reinforcing earlier case law and guidance on the term ‘permanent’.
  • In Revenue and Customs Commissioners v Taylors Services Ltd, the Court of Appeal ruled that travel time from home to work via employer-provided transport does not count as ‘working time’ under the National Minimum Wage Regulations 2015, unless specific exceptions apply.
  • Recent decisions offer important clarification on handling time limit issues at preliminary hearings and judge recusal applications, reaffirming the established Porter v Magill test for bias and rejecting arguments for a lowered threshold.

Two Court of Appeal cases in the last month have addressed and hopefully resolved two well-known issues in employment law—namely the meaning of ‘permanent’ in the law on agency workers

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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